Daily Topics - Monday March 26th, 2012

Catch The Thom Hartmann Program LIVE at our new time, 3-6pm Eastern!

Should "we the people" or the Supreme Court decide on Obamacare? Thom is live from the U.S. Supreme Court health care hearings radio row with Families USA - special guests include: Congresswoman Barbara Lee (D-CA), Congressman Robert Andrews (D-NJ), Congressman Dennis Kucinich (D-IL), Elizabeth Kucinich-Physicians Committee for Responsible Medicine and more


mathboy's picture
mathboy 7 years 47 weeks ago

Thomas Jefferson indicated in a letter that he was upset about the decision in Marbury v. Madison. And yet, in a much earlier letter to James Madison (cited in a newsletter last week), Jefferson indicated that he wanted the Supreme Court to have the veto power, so how do you reconcile that?

The letter about Marbury is difficult to decipher in some places, and I think his objection was that the Supreme Court thought it had the power to tells the other branches to do something (as opposed to telling them they can't do something), in this case ordering a member of the executive branch to transmit Mr. Marbury's letter of commission. If the judicial branch could thus order the executive branch around, that would present a danger of turning the Constitution into "a thing of wax", allowing one branch not just a check, but actually a direct power over another.

mathboy's picture
mathboy 7 years 47 weeks ago

The bumper music at 3:35 ET reminds me of the false opening of a Monty Python movie, The Meaning of Life, I think. It involves buildings moving like pirate ships, with corporate employees being the pirates.

mathboy's picture
mathboy 7 years 47 weeks ago

Not having Plessy v. Ferguson wouldn't really change anything; that decision upheld existing law. Dred Scott was a case where I think you'd have to have judicial review, because it involved no statutes. It was a civil suit about whether you could have a civil suit.

I'm definitely going to have to examine the doctrine of judicial supremacy. Please make sure to mention the case name, Thom, I don't have it in my list of important cases yet.

Rob28's picture
Rob28 7 years 47 weeks ago


A caller asked about a POLL tax of 1000 dollars, your counter was greater, both are the same wrong answer. The frog in the boiling water is the answer.

Today it is a photo ID tomorrow is a rent reciept or property tax reciept. If the the temperature/price starts low and increase is at the proper rate, eventually enough people could agree that 1000 dolars is fair................

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