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To: ScottM1968

I always thought the courts had a Constitutional authority to review and rule on any aspect of law that was brought before them. The authority, I thought, came from the Constitution itself, not Congress.

So it begs the question, why don't we see this done more often? We have political wussies in office for the most part, I guess. They can pass a popular law, and when a court overturns it, they can point to the judge and absolve themselves of responsibility.

I have honestly never heard of this limitation on the courts before.


12 posted on 02/09/2005 11:39:59 PM PST by ovrtaxt (Go Howard Go!)
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To: ovrtaxt

I always thought the courts had a Constitutional authority to review and rule on any aspect of law that was brought before them. The authority, I thought, came from the Constitution itself, not Congress.

As I understand it, you are technically correct. However Congress can prevent the federal courts from ever allowing a lawsuit over their laws to be brought before the judges.

I don't have the specific place in the Constitution, though, without a bit of research again.

It has been used before, but not for a while. Using it now would meet much resistance from citizens, though.


15 posted on 02/09/2005 11:47:46 PM PST by ScottM1968
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