Wednesday, April 3, 2019

Limits to Federal Judicial Power Over the States

It limited their judicial authority to issues involving the federal government and those between states or between citizens of more than one state.

Today the power of judicial review has been extended to include federal judicial review of state laws and their constitutions.

Although judicial review is not granted, the courts claim that since they have judicial review of the supreme law of the land when applied to the federal government the extension to the states carries with it the same power over state laws and constitutions.

If there are limits to the Supreme Court's judicial power over the laws and constitutions of the states, the court doesn't seem to recognize them in COOPER v. AARON(1958) where the court explicitly lists powers they claim over the states.

The court also decided in Arron that "No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it. Chief Justice Marshall spoke for a unanimous Court in saying that:"If the legislatures of the several states may, at will, annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the constitution itself becomes a solemn mockery ...." United States v. Peters, 5 Cranch 115, 136.

Madison goes on to say that if the states did not have this power then the three branches of the central government usurping important powers not granted "Might subvert forever and beyond the possible reach of any rightful remedy the very Constitution which all were instituted to preserve".

The Supreme Court has overstated its judicial authority over the states but it remains for the states to claim their authority.

https://canadafreepress.com/article/limits-to-federal-judicial-power-over-the-states

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