gab

On the Political Court-Stacking Establishment of
Judicial Review

Judicial Review 1

Lame-Duck Session Emergency Political Court-Stacking was the Whole, Sole Issue in
Marbury V Madison

Calling for the Rescinding of the So-Called "Constitutional" Principle of Judicial Review

See Also:

Judicial Tyranny: Ruling America From the Bench Lower Courts Taking Over the Presidency and Suppressing Article Two of the Constitution

On Boasberg's Criminal D.C. Circuit Court, Among Others Why should the Trump Presidency waste time impeaching Boasberg when they can simply Dissolve the Washington D.C. Circuit Court and be done with it

Marxocrat Party Supremacy There Is No White, Male or National Supremacy That Is Not Dwarfed by Violent, Intolerant, Tyrannical, Revolutionary and Undemocratic Marxocrat Party Supremacy

Can we Outlaw Political Parties in the USA and be Constitutional? I say we can and should outlaw any unconstitutional entity that assumes unconstitutional government power unto itself to displace and replace our Constitution.

Vic Biorseth, Monday, March 24, 2025
https://www.CatholicAmericanThinker.com/

Once upon a time I thought the "constitutional" principle of Judicial Review was entirely appropriate and legal, but also that similar principles of Congressional Review and Presidential Review were equally appropriate, and just waiting to be established by a congress and a president. If a law is unconstitutional, it should be struck down by simple recognition and declaration of its unconstitutionality. But the determination of constitutionality cannot rest with only one of the three coequal branches, for then they would no longer be coequal branches. 

But then we watched the two most recent episodes of Life, Liberty and Levine on Fox, and Mark Levine dusted off and revealed the record of the 1801 and 1802 judiciary acts and 1803 Marbury v Madison, and just how judicial review came to be. And it wasn't just another case of political party court-stacking during another lame-duck session between the end of an election and the inauguration of a new government; it was the first one, the one that established that ugly political precedent. 

The current name for it is lawfare

Judicial Review, the ultimate product of a court-stacking case, is the actual author and perpetrator of Lawfare, i.e., political warfare waged by the American judiciary against an opposing political party

Judicial Review and its illegitimate child Lawfare need to be outlawed by congressional legislation signed by a president. 

We already recommended ending lame-duck periods between elected government administrations among our UnTransforming recommendations, as follows: 

19. A Constitutional Amendment to, eliminate "Lame Duck" periods of Presidency between a new President being elected and being inaugurated. The day a Presidential election is won is the day the winner of the election assumes office and the day the sitting President leaves office. This eliminates the practices of 

  1. the President leaving office granting pardons to people he would not have pardoned before the election for fear of losing the election, and, 
  2. the losing Party laying political traps and hinderances in the path of the incoming President. 

If we know such corrupt political shenanigans took place in this last election, and we now know that they took place in the 1802 election, we are left with the strong possibility that that sort of thing has gone on in every intervening election. It should be criminalized. 

We now add a new item to our UnTransforming List:

24: Judicial Review and its illegitimate child Lawfare need to be outlawed by congressional legislation signed by a president. 


Chuck Schumer admits the quiet part out loud— Democrat-appointed judges are really activists who are there to stop Trump


5 minutes before he became Chief Justice of the Supreme Court, John Marshall was outgoing President John Adams' Secretary of State. Adams, after losing the election but before leaving office, appointed some 16 Federal Judges (Including William Marbury) inferior to the Supreme Court, so that they could obstruct the agenda of the incoming Political Party of President Elect Thomas Jefferson. 

Adams appointed the judges, but Secretary of State Marshall didn't have time to commission them before the new administration came in and the old one went out. So, as a hurry-up final act, Adams appointed Marshall to be Chief Justice, to handle the upcoming judiciary final arguments in favor of the Federalist Party and opposing the Democratic-Republican Party (which would later become the Democrat Party). 

Poof! The outgoing Secretary of State became the permanent Chief Justice of the Supreme Court. 

So, a judiciary act established these new district judges, the new Jefferson administration Secretary of State James Madison refused to commission the new judges, and Marbury and others sued to force the new administration to recognize the new judges. 

Marbury v Madison was decided,

  1. to favor Jefferson by mollifying him with a "victory" and thereby keeping him from dissolving the court, and, 
  2. to establish the Supreme Court as a superior arbiter of constitutional meaning, superior to the other two coequal branches, if the other two branches did not object. 

And they did not object. Therein lies the rub.

Quoting from Mark Levine's Men In Black:

While the Constitution created the silhouette of the national judiciary, it was up to the Congress actually to form it with legislation that would constitute a functional system of federal courts. Congress did this with the Judiciary Acts of 1789 and 1801. The biggest problem with the Judiciary Act of 1801 was timing. The bill was introduced before the presidential election of 1800, but was not passed by the Federalist-controlled Congress until after the election, and while the deadlocked presidential election was being determined by the House of Representatives. President John Adams signed the bill on February 13, 1801, just three weeks before the end of his term of office. He also sent to the Federalist-controlled Senate nominees for the sixteen new judgeships, and they were confirmed shortly before the end of the Adams administration. These judges came to be called Adams’s “midnight judges”—some of whom became the subject of the Marbury v. Madison case.20 On March 8, 1802, just days after Thomas Jefferson’s followers—the Republicans—took control of both houses of Congress, Congress repealed the Judiciary Act of 1801. On April 29, 1802, Congress enacted the Judiciary Act of 1802, which, among other things, abolished the sixteen new judgeships created by Adams and the Federalists.21

Levin, Mark R.. Men in Black: How the Supreme Court Is Destroying America (pp. 53-54). Skyhorse Publishing. Kindle Edition.

Footnote 21:

21.​It is somewhat ironic that the Judiciary Act of 1802 led to the Stuart v. Laird decision by the Marshall Court just a few days after the Marbury v. Madison decision was handed down. Stuart v. Laird upheld the right of Congress to abolish the judgeships established under the 1801 act. This decision also implicitly upheld the right of the court to review acts of Congress. At the time, Stuart was considered a major retrenchment by the Marshall Court from the stance it had taken at the time of the Marbury decision. Stuart v. Laird, 5 U.S. 299 (1803).

Levin, Mark R.. Men in Black: How the Supreme Court Is Destroying America (p. 290). Skyhorse Publishing. Kindle Edition.

Marbury was a brilliantly conceived political strategy crafted by John Marshall, a master politician. Marshall, the chief justice of the Supreme Court, wrote the decision not to set a revolutionary precedent but to deny the new president, Jefferson, his longtime political rival, an opportunity to rebuff a Supreme Court controlled by Jefferson’s Federalist opponents.22 Marbury was precipitated by the election of 1800, in which Thomas Jefferson, the incumbent vice president and leader of the Republicans,23 ran for president against the incumbent president, John Adams, leader of the Federalists. The Federalists controlled both houses of Congress, but were torn between the followers of Adams and Alexander Hamilton. Hamilton’s faction withheld its support for Adams’s reelection bid in 1800, and the race ended in an electoral college tie between Jefferson and his vice presidential running mate, Aaron Burr. Adams came in third. The election was then thrown into the House of Representatives.

Levin, Mark R.. Men in Black: How the Supreme Court Is Destroying America (pp. 54-55). Skyhorse Publishing. Kindle Edition.

So we see that the two temporary, elected and representative branches, the legislative and the executive, actually formed the one permanent, unelected and unrepresentative branch, the judiciary. The whole reason the judiciary is permanent is that it is not supposed to be political. 

But we see now that it is political, which is to say politically corrupted, and that it may have been politically corrupted from its birth. 

Again, say thank you to our unconstitutionally existing political parties, which we have elsewhere herein called to be outlawed. There is no article in the constitution describing political parties, and yet political parties are running the Senate, the House, the Presidency, our elections, and now we see that they are also running our Judiciary. 

Senate minority leader Chuck Schumer assured Marxocrat Party stalwarts that the outgoing Biden administration had put 235 "Progressive" judges on the bench during the lame-duck session before the Trump inauguration, to stop President Trump from implementing his MAGA agenda. 

What does the "Progressive" mean in this connotation? 

There are essentially two kinds of Marxist Revolutionaries:

  1. Machiavellian Marxists, who plot violent takeover revolutions.
  2. Hegelian Marxists, who initiate "cultural takeover" revolutions.

The Hegelians are the "Progressives". 

While today's Marxist-Leninists use both forms at the same time, Lenin himself set the Machiavellian example with his sudden takeover of Russia, with nothing more than 15,000 dedicated followers against the huge population of Russia, and he won on sheer gall and utter ruthlessness alone.

Today's Cultural Marxists follow the longer, slower but perhaps more productive "Progressive" paths laid out by the likes of Antonio Gramsci and Herbert Marcuse, infiltrating and taking over education, news reporting, entertainment and, of course, Political Parties. Ultimately, through indoctrination and propaganda, corrupting populations and getting them to revolt against themselves, and either become conquerable and ripe for the plucking, or just tear themselves apart. 

If what Marshall did back in 1803, and what Shumer, Pelosi, Biden, Harris and others have done in 2024 are not fit subjects for RICO Law investigation, indictments and prosecutions then there is no such thing

It is the worst form of criminal conspiracy at the highest levels of the American government. It is downright Sorosian, and Alinskyian

Trump's DOJ and FBI need to look into this criminal racket aimed at the undoing of elections, citizen representation, the executive branch responsibilities, and the very original intentions of the authors and  ratifiers of the constitution. DOGE and Congress need to look into cutting the funding of these criminal courts that have been instituted to thwart the mandate of the voters. 

And Judicial Review needs to be terminated by law


=====

EENS:  Extra Ecclesiam Nulla Salus
(Outside the Church there is no salvation)

With fear and trembling, work out your salvation--Phil 2:12

Seek the Truth; Find the Way; Live the Life.
Please God, and Live Forever.



=====

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SLIMC1 Secularist Liberal Intellectual Media Complex
GESGOEAEOT2 Gradually, Ever So Gradually, Over Eons And Eons Of Time
PEWAG3 Punctuated Equilibrium's Wild-Assed Guess
TTRSTF4 Them There Real Scientifical-Type Fellers
TTRSPTF5 Them There Real Smart Perfesser-Type Fellers
TTRSJTF6 Them There Real Smart Journalistical-Type Fellers
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STNSEACPB8 Surely Today No Serious Educated Adult Could Possibly Believe
WDN9 We Don't Know
BMDFP10 Baboons, Mongrel Dogs, Filthy Pigs and ...
HBAACOTE11 Human Beings Are A Cancer On The Earth
ACLU12 Anti-Christian Litigation Union
FLORMPORIF13 Flagrant Liar, Or, Mindless Parrot, Or, Innocent Fool
MEJTML14 Marxist Ends-Justify-The-Means Liar
IEJTML15 Islamic Ends-Ends-Justify-The-Means Liar
MPAV16 Marxist Principles And Values
WBESSWG17 Wise, Benign, Elite, Super-Scientific World Governance
TRMITM18 The Reason Man's In This Mess
IYI19 Intellectual Yet Idiotic
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IACMPVND21 Illegal-Alien-Criminal Marxocrat-Party-Voting Nation-Destroyers
PEJTML22 Palestinian Ends-Justify-The-Means Liar
PSYOP23 "Psychological Operation" Mind Trick
CDC24 Covid Developmentally Challenged
LGBTQ+ Every Letter Represents A Serious Psychotic sexual Identity Disorder
HEJTML26 Hedonist Ends-Justify-The-Means Liar
SEJTML27 Scientistic Ends-Justify-The-Means Liar

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