General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsArticle 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...
...
MerryHolidays
(7,715 posts)bucolic_frolic
(43,173 posts)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)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)just like privacy rights were in later case law. Roe, Casey etc.
MerryHolidays
(7,715 posts)Maybe we should suggest to Sam, Clarence et al that it's NOT in the Constitution so it doesn't exist.
elleng
(130,935 posts)"...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)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)And as a practical matter, how can they really decide cases under the constitution without interpreting it?
myohmy2
(3,163 posts)...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?
...
FBaggins
(26,743 posts)They could pass a law defining a legal right to abortion.
myohmy2
(3,163 posts)...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...
...
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.
FBaggins
(26,743 posts)Sure seemed like one