February 04, 2016

Today in History: John Marshall became Chief Justice of U.S. Supreme Court (1801)

John RobsonResident Historian

On Feb. 4, back in 1801, John Marshall became Chief Justice of the United States Supreme Court and, during his long tenure (until his death in 1835) helped established the judiciary as a branch of government equal to the other two not subordinate to the legislature and the executive. 

It seems obvious now, especially as the judiciary increasingly seems to be above the others in Canada. But it took vision and determination back then. As it will take vision and determination today to rein in the imperial judiciary and restore checks and balances, there and here.


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commented 2016-02-09 07:49:03 -0500
Tricky area… a majority in parliament might then have the power to change the court however they see fit and amend ANY law such as warrantless searches, etc. Hitler passed a law suspending the constitution for 4 years, including zero constitutional oversight by the courts and gained control of the executive. The rest was just academic.
commented 2016-02-09 07:32:40 -0500
Is this an article? WTF?
commented 2016-02-04 19:55:37 -0500
Well said! But how can we get back to a controlled judiciary system in Canada?
commented 2016-02-04 19:45:59 -0500
btw professor – great piece!!
commented 2016-02-04 19:45:22 -0500
The idea of impeaching judges is a good one. I prefer, or would ad, that while I agree judges can’t typically be held accountable for their decisions, the one exception would be outlandish decisions (like ‘truth is not a defense") and such judges could be charged with Breach of Trust, but anybody! This allows the participation of all citizens, as is required in a Democracy!
The one thing, above all, that’s wrecking our society, is positions that we can’t fire. Senior Civil Servants, Professors, and Judges. Also, competition to unions (like you can’t be forced to join). If you try looking at things through those glasses for 6 mos, you’ll see what I mean.
commented 2016-02-04 19:24:58 -0500

Firstly I would like to thank you for your fine lectures on The Rebel Media. If you don’t mind here is a suggestion for one of your spots. With the lack of education in our schools regarding history and the fact those who don’t know their history are bound to repeat it. Thus is the case with the fall of the Roman Empire inflation, currency devaluation, barbarian invasion down grading of defence and incompetent leadership, the same is happening now, look at Europe. Here’s looking forward to your take vis a vie our current dilemma with our downfall the barbarians are at the gate and enlightened west is failing.

Thank you for your consideration

Fraser McBurney at frasbow@live.ca
commented 2016-02-04 18:49:39 -0500
Okay, John Robson, then what can be done to make the SCoC accountable to the Legislative branch?
commented 2016-02-04 15:07:14 -0500
The liberal legal system is quite simple. Liberals issue grants to fringe groups. These fringe groups use this cash to create a “liberal generated issue” and then challenge it to the SCOC.

The SCOC of Canada makes a “outlier decision” and then rolls it over to the HOC whereby the liberals pass it into law.

All countries have their “insider processes”, including the US. The problem in Canada is that voters keep choosing these “economic suicidal liberals” to run thing and today’s liberals are closer the national socialists (NAZI’s) than ever before.

When PM Harper appointed a Quebecker to the SCOC via fax from an airplane while enroute to Europe (with no HOC opposition), you can be certain that the system in Canada is cooked to the far left.