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To: michigander

"The legislative branch can pass and the executive branch can sign bills that are not subject to judicial review if they want.
Also, the executive branch can exercise an absolute pardon if it disagrees with a conviction."

You are kidding yourself.
If the Congress passed and the President signed a bill that purported to be immune to judicial review, the Supreme Court could, and would if it wanted to, sua sponte review the bill for constitutionality, on the grounds that the "covalent" branches of government do not have the authority under the Constitution to pass unconstitutional acts. The Court would refer to its own (self-granted) authority to "expound the Constitution", and would use the hoary old doctrine that all laws arising from the government under the Constitution are subject to constitutional limits, because the government is.
They would assert jurisdiction and issue a ruling.
Maybe the Executive and Legislative branch would defy the Court, but there is no track record of that since Lincoln.

As to pardons, it is unlikely that judicial review of a pardon would ever come up, so I would agree with you that Presidential pardons are, at least at present, not reviewable.
But I'll append a caveat to that: put together the right set of facts and if the Supreme Court decided a constitutional issue was raised by the pardon and intervened, if precedent is any guide, the President and Congress would grumble, and acquiesce.


361 posted on 03/01/2005 8:39:26 AM PST by Vicomte13 (Tibikak Ishkwata!)
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To: Vicomte13
If the Congress passed and the President signed a bill that purported to be immune to judicial review,...

We may get to find out about that soon...

H.R.418

REAL ID Act of 2005 (Engrossed as Agreed to or Passed by House)

SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVEMENT OF BARRIERS AT BORDERS.


425 posted on 03/01/2005 9:00:16 AM PST by michigander (The Constitution only guarantees the right to pursue happiness. You have to catch it yourself.)
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