End of the day we can always ignore the Supreme Court rulings. Thermonuclear option.
Marburey vs Madison was the courts interpreting the constitution to say that judicial review exists. Judicial review itself is a precedent that we've all been following in good faith.
I'd honestly love a historic review of judicial review and see if we think it's been a net positive or negative. For every civilian rights win there's also a dredd Scott, not sure how it's balanced on the whole. I've always thought it was a good thing and I like it in theory but... Now that I'm older I'm thinking about it's application in practice more critically
I have a pretty low opinion of judicial review, but I'm not clear that reviewing actions by administrative agencies actually qualifies as JR. Review is when the courts strike down actual laws passed by Congress. In this case it's an administrative action by an agency
Since Marbury vs Madison was so early on it would be hard to really figure out if it has been a net positive. We can make some assumptions about what would have happened, but I don't think it would really be practical to come to any conclusion.
Yeah but then why do you have to listen to any courts at all? EPA brings a lawsuit, you just ignore it. As far as I know without the courts they could just be arrested by local police for trespassing if they actually try to enforce anything.
Marburey vs Madison was the courts interpreting the constitution to say that judicial review exists. Judicial review itself is a precedent that we've all been following in good faith.
I'd honestly love a historic review of judicial review and see if we think it's been a net positive or negative. For every civilian rights win there's also a dredd Scott, not sure how it's balanced on the whole. I've always thought it was a good thing and I like it in theory but... Now that I'm older I'm thinking about it's application in practice more critically