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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.
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