Rob: Yeah, that's it. Judicial Review and Judicial Supremacy, what does that mean?
Thom: They're different doctrines. Judicial Review is what came out of Marbury Vs Madison which is the doctrine that the Supreme Court could review a law to determine whether or not it's constitutional. That was 1803. Judicial Supremacy came out of a case, I think was around 1820, also the Marshall Court, in which the Supreme Court ruled that it itself had the power to strike down any lower court rulings. In other words, their ruling was supreme law of the land. If they said a law was constitutional or not constitutional, if they said a court ruling was constitutional or not constitutional, it stood and they could not be -- Congress could not overrule them.
Rob: So what could we do about this? Is it only a constitutional amendment? Can Congress do something? And really, it sounds to me like it's not -- you've convinced me. It's certainly not enough to just talk about Corporate Personhood because it's just going to go back to the Supreme Court and they're going to screw with it.
Thom: That's right, they'll undo it. I think that a couple of things have to happen. I think, first of all, this is an issue that when you lay out the facts, as I hope I've just done and have fairly easily understood, I thought when I have conservative guest on my shows or tea parties, that they will agree with me just as quickly as a liberal will. In fact, the person who first turn me on to this, and this was years ago, was Phyllis Schlafly. She came on my program and she said the Supreme Court had no right to do decide roe Vs. Wade 1973 and I said, "Why?" And she said, "Because they had no right to determine the constitutionality of the law." And I said, "Come on, Judicial Review is like Law School 101. I mean, I didn't even go to Law School and I know Judicial Review." And she's like, "Show it to me in the constitution." And I'm digging out the constitution thumbing through it and she informed me of this. She went on to write a book on it by the way about 20 years ago maybe 30 years ago, 40 years.
So this is, first of all, not apart as an issue. This is an issue of the nature of our republic. So we need to do a big educational job on this; on Judicial Review, on Judicial Supremacy and on Corporate Personhood and all three of them, in my opinion, are part of the same fabric. I think that if enough people are informed about it, just like people are starting to be informed about the Fed, people start waking up, they will force change. So I think our biggest job is to educate people about how toxic Judicial Review and Judicial Supremacy are and how...
Rob: Now this is strictly in the Supreme Court, right?
Thom: Yes, these are powers the Supreme Court has taken upon itself, Congress did not give them to it, the Supreme Court does not give them these powers and they just took them.
Rob: Now it's not just the Supreme Court there, Thom. Let's face it, between Chaney and Bush and Obama, the executive branch has been grabbing incredible powers too and Congress keeps letting them do it. They're getting weaker and weaker and weaker and giving up what maintains proper balance.
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