D
Divine3
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Justice Scalia speaks about this…Tribute: Justice Scalia and Marbury v. MadisonIn effect, where we once had three co-equal branches of government, Marbury v Madison gave us a government with one supreme branch and two subordinate branches. That’s not what the Founders intended. The Court can override the Executive and the Legislative branches by declaring their acts to be unconstitutional, but there is now no check on the Judicial branch.
scotusblog.com/2016/03/tribute-justice-scalia-and-marbury-v-madison/