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Abuse of precedent, misquoting Marshall
'''''Cooper v. Aaron''''', 358 U.S. 1 (1958), was a landmark case in which the [[Little Rock]] school board tried to stop [[school desegregation]]. In deciding this, the [[Warren Court]] established the notion of [[Judicial Supremacy]]. Specifically, the court asserted that the federal judiciary and the [[U.S. Supreme Court]] is the "supreme in the exposition of the law of the Constitution" because of one single line that was cited out of context from the [[Marbury v. Madison]] opinion. In the opinion of ''Marbury'', Justice Marshall wrote that ''It is emphatically the province and duty of the Judicial Department to say what the law is''. ''Aaron'' went far beyond the Court's previous assertion in ''Marbury'' however, that they merely had ''authority'' to exposit the Constitution. Rather, it asserted the Supreme Court had authority over the other two branches of government, which was unnecessary to the resolution of the dispute in that case.
'''''Cooper v. Aaron''''', 358 U.S. 1 (1958), was a landmark case in which the [[Little Rock]] school board tried to stop [[school desegregation]]. In deciding this, the [[Warren Court]] established the notion of [[Judicial Supremacy]]. Specifically, the court asserted that the federal judiciary and the [[U.S. Supreme Court]] is the "supreme in the exposition of the law of the Constitution" because of one single line that was cited out of context from the [[Marbury v. Madison]] opinion. In the opinion of ''Marbury'', Justice Marshall wrote that ''It is emphatically the province and duty of the Judicial Department to say what the law is''. ''Aaron'' went far beyond the Court's previous assertion in ''Marbury'' however, that they merely had ''authority'' to exposit the Constitution. Rather, it asserted the Supreme Court had authority over the other two branches of government, which was unnecessary to the resolution of the dispute in that case.
==Misquoting Marshall==
In setting up the premise for judicial supremacy, the justices committed precedential abuse by asserting that:
<blockquote>This decision declared the basic principle that the federal judiciary is supreme in the exposition of the law of the Constitution, and that principle has ever since been respected by this Court and the Country as a permanent and indispensable feature of our constitutional system.</blockquote>
Unfortunately, '''Marbury v. Madison''' makes no such declaration anywhere in its text.<ref>[http://cf.heritage.org/initiatives/rule-of-law/judicial-activism/cases/cooper-v-aaron Judicial Activism, Cooper v. Aaron], [[Heritage Foundation]]</ref>
==References==
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==External links==
==External links==