Quotable Matt Whitaker: Nothing Sticks to Trump, 'Even Being a Misogynist'
Now before anyone you scream the most used phrase..
I went to a law website..
What is at issue here..Matt Whitaker thinks Marbury v. Madison was ruled wrong...
For those who aren't in the profession. here's some IRAC for you...
https://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-chemerinsky/the-federal-judicial-power/marbury-v-madison/ Citation. 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803)
as stated " The Supreme Court of the United States (Supreme Court) has constitutional authority to review executive actions and legislative acts. The Supreme Court has limited jurisdiction"..
Now why would this be bad law...
Whitaker is no fan of Marbury v. Madison.
Asked in 2014 in a candidate Q&A about the role of the courts and the “worst” decisions of the Supreme Court, Whitaker said: “The courts are supposed to be the inferior branch of our three branches of government. We have unfortunately offloaded many of our tough public policy issues onto the court and they’ve decided hem. Unelected judges are deciding many of the issues of the day. There are so many (bad rulings). I would start with the idea of Marbury v. Madison.
He also stated:
Before Marbury, the judicial branch was inferior to the other two, and Whitaker believes we should return to that posture, that the courts "are supposed to be the inferior branch."
To further push this..
3) Whitaker rejects separation of church and state
An apparent champion of medieval theocracy, Whitaker believes judges cannot judge if they are secular. In order to properly judge, they must have a "Biblical view" of justice, and not just an Old Testament, but a definite New Testament view. Another evangelical throwback to theocratic tyranny no different than the Taliban, Whitaker stands for absolute violation of 1st Amendment separation of church and state.
Hmm...
https://www.oyez.org/cases/1961/468 Engel v. Vitale
Facts of the case
The New York State Board of Regents authorized a short, voluntary prayer for recitation at the start of each school day. A group of organizations joined forces in challenging the prayer, claiming that it violated the Establishment Clause of the First Amendment. The New York Court of Appeals rejected their arguments.
So basically,you are encroaching on someones belief. IN A PUBLIC SCHOOL....
Court ruled:
The state cannot hold prayers in public schools, even if participation is not required and the prayer is not tied to a particular religion.
So basically. This guy is trying to party like it 1962....
Not only you find Marbury v. Madison to be wrong, AND Engel v. Vitale to be wrong....
Why is this important...
The Rule of Law was set forth as precedence.
Mapp V. Ohio > Terry v. Ohio
Vignera v. State of New York > Miranda v. Arizona
Each case sets a benchmark. In order to mock a benchmark is not practical.
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