Comment by immibis
10 hours ago
IIRC didn't the courts empower themselves to interpret the constitution? Nothing in the constitution says they can. Of course, since they interpret the constitution, they can just insert an interpretation that says they interpret the constitution...
yes. IMO one can argue that it was a very reasonable pragmatic decision that set a questionable precedent for branches of the government creating powers for themselves out of whole cloth. There is a LOT of commentary in intellectual circles that hail Marbury v. Madison as some sort of genius decision, and it's quite frankly horrifying.
https://en.wikipedia.org/wiki/Marbury_v._Madison