superrific
Master of the ZZLverse
- Messages
- 10,641
Technically, judicial review isn't IN the constitution.Also, Marbury v Madison:
![]()
Marbury v. Madison, 5 U.S. 137 (1803)
Marbury v. Madison: Congress does not have the power to pass laws that override the Constitution, such as by expanding the scope of the Supreme Court’s original jurisdiction.supreme.justia.com
“… It is emphatically the duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret the rule. If two laws conflict with each other, the Court must decide on the operation of each.
If courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply. …”
And technically the district courts and the appeals courts are made by Congress and aren't specifically provided for in the constitution (they are referred to hypothetically).
So that's how Levin is going to defend himself against accusations of lying -- when, in fact, he is lying in substance and hiding behind technicalities.