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V. Sidney's avatar

Great post with helpful context. Of note, as alluded to, the concept of the judiciary having the power to determine the constitutionality of laws passed by the legislature or actions by the executive branch was not a new concept at the time of Marbury v. Madison. There were several prominent cases in state courts reaffirming this principle in the decades prior, including in Virginia, Commonwealth v. Caton (1782) and Rhode Island, Trevett v. Weeden (1786), among others.

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William Hogeland's avatar

Yes--and Hamilton promotes the idea in Federalist 78.

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Swlion's avatar

Thanks, William, for your post. I think impeachment is not really warranted here, but more importantly, it’s not going to achieve what Trump wants, which is removal of the judges. I’ve written a couple of posts about the judges, including a new one I did this morning which offers a solution other than impeachment to dismiss partisan judges, check it out if you’re interested and let me know your thoughts.

https://open.substack.com/pub/swlion26/p/ending-judicial-tyranny-how-to-remove?r=q9u1t&utm_medium=ios

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William Hogeland's avatar

I think "on good behavior" just means they serve for life unless impeached. I also think the disproportionate number of suits filed against Trump results from his adminstration's efforts to demolish systems of government on which the country depends, very often via constitutionally questionable means.

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