Everything You Learned About Marbury v. Madison Was Wrong | 3/17/25

Conservative Review with Daniel Horowitz

Blaze Media

Politics, News Commentary, News, Society & Culture

4.8 • 3.4K Ratings

🗓️ 17 March 2025

⏱️ 62 minutes

🔗️ Recording | iTunes | RSS

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Summary

Trump is at a crossroads. The most important and enduring accomplishment — perhaps the only enduring accomplishment — will be to break judicial supremacism. In today’s action-packed show, I discuss the arguments Trump must make as to why judges have no jurisdiction over deportations and how he must fully ignore the courts. Such a posture will help us down the road when we push for red states to fight the next Democrat president. Next, I offer a unique history lesson on Marbury v. Madison to show how Chief Justice Marshall was not establishing judicial supremacism, but constitutional supremacism. When you understand the adjacent cases and the political events that led up to the decision, it becomes apparent that he was actually deferring to the Jefferson administration and refusing to interfere by enlarging the scope of judicial power. Based on the scholarship of 11th Circuit Judge William Pryor, I prove that Marbury actually shows the exact opposite of judicial supremacy. We are at a unique point in history to finally bury this myth. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0	Politics without the soap opera with unfiltered constitutional conservative truth.
0:06.3	The Conservative Review with Daniel Burns.
0:09.2	And welcome back fellow American patriots and Minutemen standing at the ready to fight anew
0:15.0	for the issues that matter in the way they matter. And yes, at the time they matter, brand new week
0:20.3	here at CR podcast.
0:22.4	It is March 17th. We got a lot to talk about. But we could distill everything that is going on
0:29.3	into one issue. And that is the subject of my first book, Stolen Sovereignty, the fight against judicial supremacism, the notion
0:40.7	that the judiciary branch has the sole and final authority as the expositor of law
0:48.6	and the Constitution, that it stands atop the food chain, that it could veto the other branches of government
0:55.3	without the other branches being able to push back if they believe and know their rulings to be
1:02.3	wrong.
1:03.7	That is where the rubber meets the road, and Trump has a huge opportunity.
1:09.8	It is the only way his presidency will be meaningful.
1:13.9	But moreover, it is the only transformational thing enduring victory that I believe he could even achieve at this point.
1:24.1	And that is to utilize this enormous moment.
1:28.7	I'm sure you've seen the news by now, obviously, this Boasper guy, this federal judge,
1:34.4	ordering that you can't use the Alien Enemies Act of 1798 to get rid of illegal alien invader gang members.
1:46.7	You can't get a better issue than that.
1:51.8	Remember, this is not about law because we know the law is on our side. We know courts don't have the final say. We know there is no judicial veto in the Constitution. But it's all about
1:58.2	politics and public opinion. So you're going to want to pick an issue that's popular,
2:03.0	and certainly deporting the most violent gang members is a great issue.
2:07.6	The Trump administration, contrary to what some on the right have said,
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