Matt Barrow wrote:

"George Patterson" wrote in message
...


Matt Barrow wrote:

Which (last part there) is entirely correct, or at least for the SC to
determine the Constitutionality.

It is "correct" now purely because Marshall said it. If Jackson had argued
the
issue by legal means (rather than just ignoring the court when it suited
him to
do so), things would have been considerably different. And it is not
limited to
the Supreme Court by any means.

So, if not the SC, what would be the body to make the final determination of
constitutionality?

SOCUS hears cases that have been appealed to it through the U.S. District courts
and Appeals courts. The judges in these courts frequently make decisions that
are not appealed, and those decisions determine what the law is. Note that
Marshall said "the judicial branch." SOCUS is only a small part of the judicial
branch.

Furthermore, while the Supreme Court takes up the issue of constitutionality,
the lower courts decide what the law is based on other factors. If you can't
come up with a reasonable challenge to their decisions based on
constitutionality, they are the final arbiters.

George Patterson
I prefer Heaven for climate but Hell for company.