Marbury v. Madison is Out and Roberts v. America is In
Look, if the chief justice of the Supreme Court is gonna say that it’s his job to find every way possible to make sure that the act remains constitutional as opposed to throwing it out, then you got to do that. You’ve got to find the act constitutional. You’ve got to do whatever you can to make sure the act is sustained or survives. Well, let me translate that for you. What that means is it is now the self-appointed role of the Supreme Court to find ways to uphold unconstitutional laws and regulations.
In which case, we don’t need a Supreme Court. The Congress can now just pass anything, if this is gonna be consistent from the court. If whatever they pass, the court’s gonna bend every which way possible to find it constitutional — including rewriting it, which is what happened. You talk about activism? By Justice Roberts stretching as far as he can to make sure he’s not called an activist, he ends up being the most activist judge on the Supreme Court I can recall since Brennan or Douglas!