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myohmy2

(3,163 posts)
Sun Jun 26, 2022, 07:18 PM Jun 2022

Article 3, Section 2...

...the Supreme Court:

" The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;— between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. "

...maybe somebody could explain to me how the Supreme Court is the final arbiter of the meaning of the Constitution itself...

...

15 replies = new reply since forum marked as read
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bucolic_frolic

(43,173 posts)
5. Which was controversial at the time
Sun Jun 26, 2022, 07:25 PM
Jun 2022

and now settled law is no longer settled law, so maybe some brilliant Democratic lawyer will take a crack at it

MerryHolidays

(7,715 posts)
6. Worth a shot: it ain't mentioned in the Constitution!
Sun Jun 26, 2022, 07:29 PM
Jun 2022

Get rid of judicial review until Sam, Amy, Bret, Neil, John, and Clarence are off the court. Then reinstate it.

Thomas Hurt

(13,903 posts)
2. Judicial Review is an implied power of the Court established in Marbury v. Madison,
Sun Jun 26, 2022, 07:21 PM
Jun 2022

just like privacy rights were in later case law. Roe, Casey etc.

MerryHolidays

(7,715 posts)
3. Bwahahahaha!
Sun Jun 26, 2022, 07:22 PM
Jun 2022

Maybe we should suggest to Sam, Clarence et al that it's NOT in the Constitution so it doesn't exist.

myohmy2

(3,163 posts)
7. couldn't...
Sun Jun 26, 2022, 07:30 PM
Jun 2022

"...Marbury v. Madison. In this decision, the Chief Justice asserted that the Supreme Court's responsibility to overturn unconstitutional legislation was a necessary consequence of its sworn duty to uphold the Constitution. "

...couldn't each branch find or make a similar assertion and assume un-Constitutional power?

...to my layman's eye they appear to have granted powers unto themselves...

...

bucolic_frolic

(43,173 posts)
9. Who's going to believe them? And why? Because they say so? They just reversed themselves.
Sun Jun 26, 2022, 07:43 PM
Jun 2022

They are liars. A Democratic Congress and a Democratic President should ignore them. They're full of it and they just told us so!

unblock

(52,243 posts)
8. Technically, all they did was decide a case, clearly permitted by the section you cite
Sun Jun 26, 2022, 07:43 PM
Jun 2022

And as a practical matter, how can they really decide cases under the constitution without interpreting it?

myohmy2

(3,163 posts)
12. interpet, yes...
Sun Jun 26, 2022, 08:23 PM
Jun 2022

...but shouldn't the other two branches have a say in the meaning of the Constitution itself if the Supreme Court's interpretation becomes questionable?

...

myohmy2

(3,163 posts)
15. "They could pass a law defining a legal right to abortion."
Sun Jun 26, 2022, 11:33 PM
Jun 2022

...I don't understand...

...and the Supreme Court would declare it un-Constitutional since they appointed themselves the final arbiters of the meaning of the Constitution...

...

unblock

(52,243 posts)
14. They do
Sun Jun 26, 2022, 09:16 PM
Jun 2022

They constantly do things and don't do things based on their interpretation of what their powers and limitations are.

They also can pass laws that effectively nullify court decisions, at least in most situations.

And of course, they can impeach and remove justices or expand the court as a check on their power.

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