“More Perfect” Premise has Fatal Flaw

jad abumrad-cap
Jad Abumrad’s creation entitled “More Perfect” purports to illuminate the public about the United States Constitution and the United States Supreme Court (scotus); however the premise for the show is unfounded. “More perfect” espouses a prevailing misconception about the power of the scotus; propagating misinformation and obscuring the pernicious nature of the judiciary.

Abumrad presumably accepts the Constitution as the source of all powers vested in the federal government, but he fails to appreciate the import of the fact most fundamental to any valid understanding of the judicial branch; the fact that, from the preamble to the twenty-seventh amendment, no precept of the US Constitution expresses or implies that the powers of any branch of the federal  can be expanded or redefined except by constitutional amendment as prescribed in Article V of the Constitution.

No scotus opinion or rationale can serve to expand the powers of the judicial branch; nor accord the power of legislation to a court decision; nor impose a court decision on anyone not party to the litigation before the court.; nor empower a court to award a remedy which is not prescribed by applicable law, which is to say, scotus cannot invalidate duly enacted legislation as a remedy in any case; therefore the scotus’ claim to  have “struck down” section 13 of The Judiciary Act of 1789 has no constitutional basis. In fact, inasmuch as The Judiciary Act was enacted under the authority and direction of the Constitution, to establish the paradigm and jurisdictions of the judicial branch, it is absurd to even suggests that the judiciary would have the power to invalidate, in whole or in part, the legislation that created it.

Even more ludicrous was John Marshall’s assertion that the scotus did not have constitutional authority to issue the writ of mandamus sought, but it did have the authority to invalidate an Act of Congress.

Despite the number of continental constitution convention participants who subsequently served in one or more branches of the federal government; revisions to The Judiciary Act of 1789; and amendments to the US Constitution, Section 13 of The Act has never been repealed or altered, nor has the scotus been empowered to amend, expand, repeal, invalidate or otherwise alter any duly enacted legislation as a remedy or to facilitate a court decision. The only basis for believing the scotus has the power of so called “judicial review” is the scotus itself.

As long as the premise for “More Perfect” is predicated on “judicial review” as a legitimate power of the scotus, “More Perfect” is nothing more than a propaganda echo chamber.


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