The Marbury v. Madison Court Case:  It’s Not Just for Lawyers, It’s for You Too!

The Marbury v. Madison court case, is a well-established U.S. Supreme Court case that every American should be familiar with and not just lawyers.

What Does It Say?

In a nutshell, the U.S. Supreme Court in Marbury v. Madison, 5 U.S. 137 (1803), held that any law which conflicts with the U.S. Constitution is unconstitutional.

Therefore, neither Congress nor the States nor anyone can make any laws that contradict or undermine the U.S. Constitution.

This is what it means to respect and follow the Rule of Law.

And thank God for the Rule of Law.

Can you imagine what kind of Republic it would be if we didn’t have the rule of law?

Anybody, government or not would be changing the Constitution every other day.  Making up all kinds of “rules and laws” at their every whim, in order to bring the U.S. Constitution in conformity with their otherwise unconstitutional conduct and basically cheat, lie and steal legally.

I am reminded of the Scripture verse:

“For the time will come when people will not put up with sound doctrine.  Instead, to suit their own desires, they will gather around them a great number of teachers to say what their itching ears want to hear.”  II Timothy 4:3-5.

There would be no certainty on what to expect from the law and there would be no specific objective standard by which to govern ourselves.  It would all depend on the subjective whims of those with the loudest voices.

We would be at whatever the daily whim of the loudest class.  Thank God that is not the case, and this is one the best things we can still love about our country.  This however is not to suggest that there are no attempts to undermine our constitution.  I wish that were the case.  But, when you consider that some persons in Congress want to get rid of the electoral college, change the eligibility requirements for who can and cannot vote, eliminate our borders, get rid of ICE and immigration laws – just to name a few – you know the attack on the U.S. Constitution is real.

Unfortunately, it seems that every other day there are various and numerous attempts to undermine the Rule of Law and thus the U.S. Constitution.  That’s why it’s important to understand Marbury v. Marshall.

Why Is that?

The reason for that is because Article III, Section 2, the Supremacy Clause of the U.S. Constitution, essentially stands for the proposition that the U.S. Constitution is above, greater than and supersedes any other law.

Simply put, any law that contradicts the provisions of the U.S. Constitution is invalid.

How Does It Relate to The Average Citizen?

Imagine, it’s Monday, 5:00 a.m., you are still sleeping in the comfort of your own home.

You’re retired, handicapped and you’re 61-years-of-age.

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There’s the ringing of the doorbell, followed by forcible loud banging that wakes you up!Your adrenaline rushes!

You’re startled and disoriented.

Your automatic and immediate reaction is to pick-up your handgun which you’ve had for years for your family’s safety and protection.

You’re still in your pajamas and you haven’t even brushed your teeth.

The incessant banging at the door is enough to get you angry.

But you don’t strike out and react.

You have the discipline to control your emotions and you know how to handle your weapon.

Yet, the loud and insistent banging at the door is a very real threat to your safety and your family’s safety.  You have no idea what’s going on or what’s about to happen.

But as an American, you trust this is still America and the U.S. Constitution is still in effect…

End of the Summer Sale Besides you’re in your own home and you believe in the proverbial expressions, “a man’s home is his castle,” “home sweet home.”

You have committed no crime, you respect the rule of law and law enforcement officers.

Logically and bravely you walk to the door.

You look out the window and see police cars in front of your home and you hear, “police, open up!”

The neighbors are still sleeping or just waking up to the noise of the cops at your door.

You’re embarrassed, what are the neighbors going to think?

It’s 5:00 in the morning, it’s November that time of the year when it’s dark outside at this time.

You open the door, see cops standing there right at your door, poised to shoot you in a split second.

You don’t point your gun at police, you don’t threaten anyone, you have no intention of hurting anyone and you make no attempt to hide your weapon, you want the cops to know you are not a threat to them.

You make your position clear, you don’t want any trouble, but you are not going to let them in and you will not hand-over your gun.  You are asserting all of your Second Amendment rights.

“A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Second Amendment, U.S. Constitution.

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Really, the police should honor your assertion of your second amendment rights, it’s your constitutional right.

But they have a job to do and they have a court issued order to take your guns away.

The officers demand entry into your home to look for more weapons, just in case you have any more weapons…

Determined to take away your gun(s), they ignore your 2nd amendment assertion.

As they force their way into your home, they push you out of the way,  knock you down try to take your gun away, a scuffle ensues.

Confusion, panic and the adrenaline rush sets in…

Suddenly, one of the young officers panics (they are humans too) and shoots you, it was accidental.  In a split second, a law abiding citizen is dead.

You don’t need to be a lawyer to see that the above hypothetical illustrates a reasonably foreseeable tragedy.

How can this Happen?

It’s called Red Flag Laws = They can take your gun away!

Such was the case on November 6, 2018, when police were attempting to serve a “Red Flag protective order” at a citizen’s home, as reported by the Capital Gazette Newspaper.  A scuffle ensued,  the end result? A law abiding gun owner was killed.

His crime was failing to turnover his gun to police.

A typical red flag law, Maryland’s “’Red Flag’ protective order,”  effective Oct. 1, 2018, allows any family or household member or police to petition to have the gun owners guns taken away (temporarily).

To date, 17 States in the union have some form of State “red flag law,” which may differ in its particulars.  But because of the noise from the anti-gun crowd and all the calls from congress to take your guns away, you can expect more states to join the “Red flag law” wagon.

It allows police to immediately seek a warrant to take away your guns.

You don’t get any advance notice.

There is no probable cause other than someone’s word that you are a danger and you have a gun.

No due process.  Yup, just like that they want to take your guns away.

Every single time a terrorist attack happens in the form of a mass shooting, within hours there are calls by the media, the liberals, the Democrats for gun confiscation, stricter gun control laws, more background checks.

As if there were no gun laws already in existence.  Anti-gun laws are nothing new.  For years, there have been a number of laws.

Whatever, the objectives have been the same – to stop people from killing each other.

In reality, they want a moratorium on killings.  A lofty endeavor indeed.  But taking guns away from law abiding citizens is no way to accomplish this, and neither can it be accomplished by instituting additional gun control laws.

It cannot be accomplished by taking the guns away from law abiding citizens.

The current congress is doing what it always does in response to mass shootings, demanding stricter gun control laws and harsher background checks.

But remember the Brady bill?  That has done nothing to stop people from killing each other.

Ok, so back to this 1803 case, Marbury v. Madison. It’s a United States Supreme Court Case that in its most primitive form says that Congress cannot do an end-run around the U.S. Constitution.

In other words, these people that are in congress cannot change, take-away or pass a law or a statute or even a rule at their every whim just because they happen to occupy a seat in congress.

Specifically, no law can violate the clear letter of the law under the U.S. Constitution.

Marbury v. Madison recognized that and underscored that Article VI, Paragraph 2 of the U.S. Constitution, Supremacy Clause any laws that thwart or contradict the U.S. Constitution are invalid and unconstitutional.

The Supremacy Clause states:

“This Constitution and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

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So Here is My Modest Proposition…

More gun laws or taking our guns away is not the answer, it violates the second amendment of the U.S. Constitution and is therefore unconstitutional.

Everything else has been tried and hasn’t worked…

My simple proposition, keep the laws already in existence.

Make new laws allowing everyone to legally be armed and have the right to protect themselves, it’s constitutional

and can actually save lives.

Conclusion:

Thank God for Marbury v. Madison for it clarified the applicability of the Supremacy Clause.  For where would we be otherwise?  I believe it is possibly the single most effective tool that has kept our nation from becoming another banana republic.

ANY THOUGHTS?  SHARE YOUR THOUGHTS WITH US AND LEAVE A COMMENT BELOW!

 

6 thoughts on “The Marbury v. Madison Court Case: It’s Not Just for Lawyers, It’s for You Too!

  1. Great to read about this Marbury v. Madison case and I’m surely going to try to read more on it on the net. A citizen losing their life to such issues as their rights is really bad. They need to protect us more. Thank you so much for this and for pointing out all the places we were lacking and what to do. Thanks.

    • You’re welcome Ramos!  It’s necessary to have at least a modicum of information/knowledge about what politicians are doing because in the end, it will impact only the citizens.

      Thank you for your comment!

  2. I totally agree with you that gun confiscation is definitely not the best way to go about it as they would be interfering and infringing on our rights. However, if new laws could be developed and passed to make room for us to own our guns while nobody infringes on it, that would be very close to being awesome and I would like that. This issue of Marbury v. Madison is just another instance pointing to the need for us to be well protected, rather than being hinted.  After all, it is our constitutional right to own a firearm. Thanks.

    • While Marbury v. Madison is a 216-year-old case, from the 1800s, specifically from the year 1803, it is still even today a very relevant case because it recognizes the foundation of our rights. 

      That those rights are permanent and underscores the supremacy of the U.S. Constitution; that’s why it cannot be changed from one day to the next nor subject to the whims of special interest groups or the whims of career politicians.  

      Thank you for your comment!

  3. I grew up in Arizona, not too far from Texas.  When I was in school you could still open carry. I’m not sure about now because I live in NYC. I remember there was less crime back then; until some stupid teenagers started shooting in the Phoenix shopping malls with guns that were not registered. The teens didn’t even know how to handle the weapons.

    This is a never-ending debate.

    But personally, I do not think that guns should be taken away.

    We need to be able to protect ourselves in our property.

    It takes cops at least 30 minutes to get to you after you’ve dialed 911. Instead, we should have firearms to protect ourselves.

    I also think there needs to be some kind of training. Not everyone should just own a gun.

    There are so many points that I want to make and this comment section is too small.

    Bottom line, I do not agree that the government should take away our guns.

    If they do, crime will worsen.

    • Thank you for your comment Nuttanee.  For the reasons stated in my post, I absolutely agree with you that our guns should NOT be taken away.

      To do so is an infringement of our Second Amendment.

      It is therefore unconstitutional under Marbury v. Madison and a violation of the U.S. Constitution’s Supremacy Clause.

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