c. As such, the statute relied upon was subordinate to the constitution, it did not and
could not grant a constitutional power to any department of government, and it could not amend the constitution to permit the justices power or authority to interpret the constitution contrary to the judicial power granted to the court under provisions of Article III, Section 1 and 2, Constitution of the United States of America.
d. At this point in the argument, it is necessary to establish the difference between a
political decision and a judicial decision. A political decision provides a choice between two or more viable alternatives. A judicial decision does not ever provide a choice; the decision establishes whether one is in compliance with the law or treaty under consideration; and to do otherwise is to invade the political domain of Legislative or the Executive Department. It is noteworthy to reveal that judge decisions, both state and federal, often meander into the political domain with no constitutional power to do so.
e. Nevertheless and armed with the flawed decision of Marbury, Chief Justice Marshall
took the opportunity to interpret the ‘Necessary and Proper’ clause contained in Article I, Section 8, Clause 18, Constitution of the United States of America to justify his decision in M’Culloch.
f. The decision in M’Culloch at the end of page 419 revealed that the ‘Necessary and
Proper’ clause was placed in the powers of Congress, not in the limitations of those powers; the effect of the court decision combined the power of the Executive with the power of the Legislature into a single congressional power with no limitation except within the combined meaning of the combined phase. It is there where the decision became flawed and favorable to Congress to do everything it decided to do without bounds or the exercise of an Executive power... No challenge by Congress to that favorable decision on its behalf by the court has ever occurred.
g. Article II, Section 3, Constitution of the United States of America grants to the
President the power from time to time for addressing Congress to determine what laws the office thinks is necessary and expedient for the Nation. Once the President determines what is thought to be necessary and expedient for the operation of government and for the health, safety, and welfare of the citizenry, and then provides that determination to Congress; it then becomes incumbent upon Congress to survey its powers and limitations to determine whether to provide what the President thinks is necessary and expedient is also within a proper grant of power possessed by Congress. If so, the Congress must provide the President with the law thought necessary and expedient; if not proper, no law is provided. Maintaining the two powers separate significantly protects the interest of the citizenry-at-large, Supreme Court decisions to the contrary or amending the constitution, notwithstanding.
18. One has to consider what damage is done, if any there is, by the Marshall decision to combine the ‘Necessary and Proper’ clause into a single congressional power without any prior input by the President authorized by Article II of the Constitution. Could it be that the presidential veto might save the day?