NE_Pilot |
08-27-2020 10:38 AM |
Quote:
Originally Posted by Downtime
(Post 3117340)
Sure it does. Say for instance congress pass a law that says they can detain indefinitely if you are declared a drug dealer as it is a threat to national security even if you are an American citizen. The courts have now ability to determine whether something constitutional and the president agrees. Now I can’t sue saying my constitutional rights are be violated because the courts can only settle the dispute based on the law as written. There fore indefinite jail it is.
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Thats not how the system works. The Court does not have the authority to remove a law, they can, when you sue say that the law violates the Constitution and therefore you must be freed. They are ruling on the merits of the individual case as it pertains to the parties involved. There is a difference there. The Constitution is still the Supreme Law of the Land.
I am not arguing whether or not it is a good idea for the Supreme Court to have judicial review. I am simply stating that the Constitution does not grant that authority to the Court. It does not matter whether it is good or makes things better. The Court cannot grant itself powers under the Constitution. Many of the Constitutional overreaches by government are a direct result of the Court granting itself power.
When you allow the Court to usurp powers not granted to it, you move from a nation governed by laws to one governed by men.
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