The Supreme Court Is No Longer An Independent Branch of Government (impeachment, leader)
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Meh, anybody can make an ethics complaint. They all came in about the same time starting four days after Ford was revealed. Dems released the hounds of hell against this Justice, lost, and lost their soul in the process.
What about this. It says nothing about passing laws;
Article I (Article 1 - Legislative)
Section 1
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Legislature refers to legislation. Legislation means law.
In any case, everyone in 1789 knew the legislature voted on laws, but almost no one believed that the Supreme Court ruled on the Constitutionality of those laws. It wasn't discussed in the Federalist Papers.
In fact, John Marshall was very political, as well as very cautious in the Marbury v. Madison decision. He had to rule in favor of Jefferson and Madison, otherwise the decision would have been ignored. Which would have de-legitimized the court.
But, although he decided in favor of Madison, he also said in the decision, "It is emphatically the province and duty of the judicial department to say what the law is."
The fact that Jefferson and Madison accepted the decision set the precedent that the court had the power of Judicial Review.
But although that precedent was set, many court decisions, especially prior to the Civil War, were still ignored. As the famous quote by Andrew Jackson, "John Marshall has made his decision, now let him enforce it."
Basically, the Supreme Court has no ability whatsoever to enforce the law. The Executive is an independent and co-equal branch of the government. The president has absolute power over all parts of the executive branch. And could, as his right by the Constitution, ignore any and all court orders. As well as order every member/employee of the executive branch to ignore the court orders.
This of course would lead to what people often call a "Constitutional crisis". If the president ignores the court, the court has no power to do anything about it. Only the Congress has the power of impeachment. But if the Congress doesn't impeach, then what happens?
At that point, it really depends on what the people want. If the people stand behind the president against the courts, then the courts become powerless. If the people stand behind the courts, then the president will either be forced to back down, or he will lose the next election, or be impeached.
Regardless, Judicial Review is not in the Constitution, and the Supreme Court was politicized since day one.
The so-called power of Judicial Review is not actually in the Constitution.
"Judicial Review" isn't a power or even a "so-called power". It's just an unavoidable consequence of the Supremacy Clause, which means it is actually in the Constitution.
When a court is confronted with a putative law that is at odds with the Constitution, the Supremacy Clause requires the court to uphold the Constitution and rule the conflicting "law" invalid.
Quote:
But although that precedent was set, many court decisions, especially prior to the Civil War, were still ignored. As the famous quote by Andrew Jackson, "John Marshall has made his decision, now let him enforce it."
Right. Trump should have ignored all the crazy unconstitutional judicial rulings regarding DACA. The executive and legislative are equal to the judicial branch, and those branches' opinions regarding Constitutionality are equal to the opinion of the courts. The Constitution doesn't require them to defer to the Supreme Court. Marbury didn't change -- or try to change -- that fact in the least. It was just judges doing an unavoidable part of their job.
I would have no problem with two separate payscales. However, you do realize this would likely not work out well for the unions as companies would likely pursue cheaper non-union employees.
The workers in that area would 'deal' with that problem if it ever came up, in short, they would make sure there isnt many people willing to work for lower rates, they have many different ways of doing that too!
"Judicial Review" isn't a power or even a "so-called power". It's just an unavoidable consequence of the Supremacy Clause, which means it is actually in the Constitution.
Supremacy clause is about federal law(including the Constitution) being supreme over state law. It is not the power of Judicial Review. And it doesn't establish the Supreme Court as the "ultimate arbiter of all Constitutional questions", nor does it give the Supreme Court power over the other branches of the federal government(which were considered co-equal).
Which is why the Marbury v. Madison case was such a political debate at the time. Of which many, including Thomas Jefferson, didn't believe Judicial Review was in the Constitution. And many presidents simply ignored court rulings they didn't agree with, since the executive was independent from the Supreme Court.
The concept of the Supreme Court has the final judge of all Constitutional questions was something that developed over time, especially after the Civil War. Immense powers were placed in the hands of the Supreme Court to give legitimacy to the undermining of state power(which led to the Civil War), especially after the 14th amendment, which vastly expanded the jurisdiction of the court(of which continues to this day, called the "incorporation doctrine").
Right. Trump should have ignored all the crazy unconstitutional judicial rulings regarding DACA.
I agree. But, as I pointed out, it would have led to a "Constitutional crisis". And it is difficult to know for sure, politically, whether Trump would have come out on top.
Hey...you're the failure here, as evidenced by your opening post.
I was merely kind enough to call it to your attention.
You're welcome.
I was merely pointing out who you sound like. You responded with a personal attack. I did everyone the kindness of reporting the transgression to the moderator.
Legislature refers to legislation. Legislation means law.
In any case, everyone in 1789 knew the legislature voted on laws, but almost no one believed that the Supreme Court ruled on the Constitutionality of those laws. It wasn't discussed in the Federalist Papers.
In fact, John Marshall was very political, as well as very cautious in the Marbury v. Madison decision. He had to rule in favor of Jefferson and Madison, otherwise the decision would have been ignored. Which would have de-legitimized the court.
But, although he decided in favor of Madison, he also said in the decision, "It is emphatically the province and duty of the judicial department to say what the law is."
The fact that Jefferson and Madison accepted the decision set the precedent that the court had the power of Judicial Review.
But although that precedent was set, many court decisions, especially prior to the Civil War, were still ignored. As the famous quote by Andrew Jackson, "John Marshall has made his decision, now let him enforce it."
Basically, the Supreme Court has no ability whatsoever to enforce the law. The Executive is an independent and co-equal branch of the government. The president has absolute power over all parts of the executive branch. And could, as his right by the Constitution, ignore any and all court orders. As well as order every member/employee of the executive branch to ignore the court orders.
This of course would lead to what people often call a "Constitutional crisis". If the president ignores the court, the court has no power to do anything about it. Only the Congress has the power of impeachment. But if the Congress doesn't impeach, then what happens?
At that point, it really depends on what the people want. If the people stand behind the president against the courts, then the courts become powerless. If the people stand behind the courts, then the president will either be forced to back down, or he will lose the next election, or be impeached.
Regardless, Judicial Review is not in the Constitution, and the Supreme Court was politicized since day one.
And if the President's cabinet is tight with him, there will be no impeachment, regardless what both houses of congress think.
And if the President's cabinet is tight with him, there will be no impeachment, regardless what both houses of congress think.
The Trump cabinet has the turnover of an IT sweatshop. If the Senate doesn't flip and the House does, the Dems. will be spinning their wheels starting the impeachment ball rolling. They will be far better off kicking off bills that are in line with their constituent interests and having a Republican Senate voting them down. The Dems. have been pretty good at shooting themselves in the foot and playing dead.
Regardless, Judicial Review is not in the Constitution, and the Supreme Court was politicized since day one.
Judicial Review doesn't have to be in the Constitution.
Every case brought before a court is judicial review.
Article VI Paragraph II states:
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
The Constitution is the supreme law of the land.
Federal statutes, treaties, State constitutions, State statutes and ordinances enacted by counties and municipalities are all subordinate to the Constitution.
No law can conflict with the Constitution, nor can any law over-ride the Constitution. The Constitution can only be over-ridden by an Amendment.
The duty of the courts is to interpret the laws, and any law that conflicts with the Constitution is invalid.
That duty is enshrined in Article III Section II
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;...
That expressly gives the Supreme Court the right to review every law of the United States.
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