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To: Sherman Logan
SORRY but,(since you seem to believe that you are THE EXPERT in the Constitution = what are your academic credentials???) what happens when the USSC decides that congress's power of the purse and/or attempts to remove judges from office are themselves UN-Constitutional AND the court issues an order requiring the $$$$$ and/or reinstatement of the judges???

free dixie,sw

564 posted on 04/21/2008 6:20:47 PM PDT by stand watie (Resistance to TYRANTS is OBEDIENCE to God. T. Jefferson, 1804)
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To: stand watie

I’m unclear what the practical effects would be, but I do know that the Constitution gives the Supreme Court no direct power to overrule a specific act of congress.

Not to say they wouldn’t try to assume such a power, as they have unconstitutionally assumed others. But there is no constitutional justification whatsoever for the Court to even review an impeachment, for example, much less override it. The impeachment power has no limit placed on it other than the good sense and decency of the Congressmen. (And of course their concern about the reaction at the next election.) As with amending the constitution, the executive and judicial branches of government just have no role. (Other than the Chief Justice presiding when the President is tried. And even then he merely presides, he has no vote.)

Please indicate the section of the Constitution that would authorize the Court to do any such thing. The Court rules on cases that make their way up through the system, usually over a number of years. They don’t sit down to review the actions of Congres the previous day. Or at least they aren’t supposed to.


566 posted on 04/21/2008 6:32:45 PM PDT by Sherman Logan (Those who deny freedom to others deserve it not for themselves. - A. Lincoln)
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