Constitutional Supremacy, Not Judicial Supremacy

Source: Tenth Amendment
by TJ Martinell

“In response to a U.S. Supreme Court opinion, President Andrew Jackson allegedly remarked ‘John Marshall has made his decision; now let him enforce it!’ Whether he actually said it or not, the statement gets at the heart of an important constitutional question. Is the president required to enforce U.S. Supreme Court opinions? … For those who cite Marbury v. Madison as an argument to support this claim, [Michael Stokes] Paulsen points out that ‘Marbury stands for the proposition of constitutional supremacy — not judicial supremacy — and the independence of each of the branches of the national government in the exercise of the duty to adhere faithfully to the Constitution.'” (05/11/22)