If and when House Speaker John Boehner sues the President, John Roberts and his colleagues on the Supreme Court will confront a challenge that has bedeviled the judiciary for more than 200 years.  When the executive disregards constitutional limitations on its own power, what can the Court do about it?  When confronted with the issue in Marbury v. Madison in 1803, then-Chief Justice John Marshall enhanced the Court’s power and prestige by declining to issue an order the executive might refuse to obey.  Today’s Court will have to decide whether the Obama Administration’s recidivist disregard for constitutional and legislative limits warrants issuing an order the executive might simply ignore. Marbury arose under political circumstances as volatile and acrimonious as anything we see today.  From 1789 to 1801 Federalists controlled the presidency under George Washington and John Adams.  From 1797 to 1801...(Read Full Article)