Exec-Legislature Assault on the Judiciary (Part I) dailytimes.com.pk - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from dailytimes.com.pk Daily Mail and Mail on Sunday newspapers.
The Constitution vested the power to make laws in Congress, which is the most democratically elected branch of government. The executive branch, with a couple of exceptions, does what Congress says. And since Marbury v. Madison, the federal court system has had the role of determining when the executive is doing something it’s not allowed to do.
COMMENT: Marty, you understand markets and the legal system. You were right again. The Supreme Court rejected the Brunson case. KQ REPLY: As I wrote before, this was an interesting argument, but it will be even more "earth-shattering if the Supreme Court actually takes the case and rules on the validity of taking
Jim Elliott writes, While the Republicans have virtually done away with their Democratic political opponents, they still have an enemy which stymies their ambitions from time to time, that would be the court system, which is elected without party affiliation.
Going back to Marbury v. Madison, courts decide meaning of a statute, therefore routinely deciding how to interpret ambiguous statutes. What happens when statute is ambiguous, agency tasked with enforcing has interpreted statute a particular way? Should a court defer?