They could try that. But then the executive can literally kick them out of their offices. At a certain point magic legal words stops being an effective strategy. Like when you’ve obviously over stepped your authority.
Congress and the president could also pass a law tomorrow invalidating the Marbury decision.
They could try that. But then the executive can literally kick them out of their offices. At a certain point magic legal words stops being an effective strategy. Like when you’ve obviously over stepped your authority.
Congress and the president could also pass a law tomorrow invalidating the Marbury decision.
Andrew Jackson was a piece of shit, but his views on SCOTUS are fairly applicable here. They don’t control the purse or the sword.
“Let’s see them enforce it”, and then he did whatever the hell he wanted to anyways for a while.
To be fair iirc congress did attempt to remove him from office over it, but failed.