Reply to US Marshalls told not to follow court orders but to heed US Attorney General

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]
I also think the fake news component cannot be underestimated.  There was a poster a couple days ago blathering on about abiding by "Marbury vs. Madison" not being required to uphold the Constitution, and now I'm hearing it more and more.  They are getting their talking points from some extreme RW source and then bringing them into the mainstream.  Trump could convert these people's homes into army barracks tomorrow, and they'd still find some reason to say it was Constitutional.[/quote]
Wait, what?  There is a RW meme saying that Marbury v Madison should be ignored?[/quote]
Not exactly, but arguing that the precedent can be overturned.  The argument is that MvM is not in the Constitution itself, so it's up for debate.  The argument is that CBP officials who have sworn an oath to uphold the Constitution are not in violation of that oath if they believe that the Constitution does not require them to follow court orders.  It would obviously have to be readjudicated by SCOTUS, but the point is it can be.

This is very, very dangerous.  MvM codifies how the Judicial branch is able to place checks on the Executive branch.  Americans do not realize the extent to which that precedent is the cornerstone of how Constitutional protections are upheld in this country, because it has never, ever been questioned before.  I literally have never heard anyone bring up MvM in the context of current policy enforcement except for as a joke...because it's too sacred to the American system of government to be joked about.  I have no idea how this idea will play out, but it's absolutely shocking to me that I've even heard it brought up.[/quote]

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