Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: jwalsh07
Well I have heard some say that the court has no “judicial review” role and no ability to determine if a law is Constitutional or not.

I was wondering how many NOW took, or are willing to take, that position in regard to judicial review of Obamacare.

Striking down legislation is not legislating. When a Judge (or Judges) strike down legislation - then WRITE the law that will replace it - or WRITE any sort of judicial remedy other than simply striking down the law - that is “legislating from the bench”.

Striking down a law as Unconstitutional is not legislating, and it IS (in my opinion) the proper role of the Courts and one of the few recourses (besides arms) that citizens have in answer to a Presidency and a Congress prone to pass legislation that tramples our guaranteed natural rights.

8 posted on 03/01/2012 11:33:51 AM PST by allmendream (Tea Party did not send the GOP to D.C. to negotiate the terms of our surrender to socialism.)
[ Post Reply | Private Reply | To 7 | View Replies ]


To: allmendream
Striking down a law as Unconstitutional is not legislating,

Incomplete. Striking down an unconstitutional law is not legislating. Striking down a constitutional law is legislating and there has been plenty of that.

9 posted on 03/01/2012 11:38:16 AM PST by jwalsh07
[ Post Reply | Private Reply | To 8 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson