To The Editor:
The idea that the Supreme Court has the right to declare federal laws unconstitutional is “clearly” set forth in Article III of our treasured Constitution is not remotely true.
The doctrine of judicial review is not mentioned in the Constitution. It came into being as a transparently political ploy by Chief Justice John Marshall in the ongoing battle between his Federalists and Jefferson Republicans.
Can you see this battle on ObamaCare between Republicans and Democrats is a similar situation?
The idea that one branch (the Supreme Court) has some sort of “super power” that allows it to do whatever it wishes is not found in the Constitution and is, in fact, contrary to the intent of “checks and balances” where two branches can override the third.
But one can “never” be allowed to override the other two because of some self-imposed “self-decreed super power.”