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A 'living constitution' for a Dying Republic
Christopher Kylin
Thursday, August 26, 2010 at 7:49 PM
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The one comment about Marbury v. Madison is wrong. When the court there says that it is is job alone to say "what the law is", in context, it is clear that the court is saying law as distinct from say equity. The rest of the decision goes on at length to say that the courts have no role in policy questions, or policy at all. Just what the words of a statute say in plain English.This was written about at length in the 80's by Robert Lowry Clinton, a historian, in "The Marbury Myth". Everyone interested should read it, especially Mark Alexander.