TO ACCEPT MARBURY IS TO DEFER TO A COUP:

Judicial Supremacy and the Constitution: We need to reclaim the Constitution from the Supreme Court. (Robert Lowry Clinton, 5/03/10, National Review)

What the Constitution does not do is establish the Supreme Court as the ultimate or exclusive arbiter of all constitutional questions, entitled to issue binding proclamations to other agencies of government on any constitutional issue whatsoever. Judicial supremacy, in this sense, was largely unknown throughout the first century and a half of our nation’s constitutional existence, and was not claimed even by the Court itself until 1958. In that year, the Court declared for the first time in its history that its constitutional decisions were the supreme law of the land, along with the Constitution itself, national laws, and federal treaties. This declaration effectively amended Article VI by judicial fiat, giving truth to the earlier remark of Chief Justice Hughes that “the Constitution is what the Court says it is.” Since that time, the Court has provided abundant evidence for the truth of Justice Scalia’s 1992 observation that “the imperial judiciary lives.”