• ThePowerOfGeek@lemmy.world
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    3 months ago

    Didn’t they largely establish that power themselves through Marbury vs Madison in 1803?

    That elevation / clarity of their authority wasn’t a massive problem until the last 10 or so years when they started going off the deep-end.

    • nfh@lemmy.world
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      3 months ago

      Yeah Marbury v Madison found that congress can decide which cases SCOTUS reviews directly, vs where the authority of lower courts starts. But it’s not in conflict with the other principle from Marbury v Madison, that SCOTUS has the power to review whether laws are constitutional or not. If I understand correctly, at least.

      Before Trump, the worst issue the growing authority of the court caused was a shift from Congress making major policy changes, to SCOTUS. Congress changing that could be a change for the better in the long run.