Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: xcamel

Are we forgetting POTUS has the final say over decisions he feels SCOTUS makes badly??

What can POTUS do, Executive Order? Saying, your ruling is full of bull turds?


300 posted on 03/02/2005 7:27:01 PM PST by Ethyl ( W)
[ Post Reply | Private Reply | To 13 | View Replies ]


To: Ethyl
What can POTUS do, Executive Order?

Well then maybe _I_ need to reread the document. But I don't see that the Executive can act as an appellate Court to the Supreme Court. As I understand it, the ONLY avenue then open is to literally amend the Constitution. Thus people talked of pro-life Amendments. People talked last year of a defense of marriage Amendment.

It's difficult to cast this sort of thing into law. To some extent, the Court has always been a bit of a challenge to the functioning of the Republic. Some never did like the idea of 'judicial review'. Many on FR still call for the abandonment of this which is one of the first 'benefits' often cited by lib professors in undergrad Constitutional Law courses. How does one properly check and balance the Judiciary? How would such an Amendment read? That no Constitutional dispute can be resolved by resort to foreign law and practice? Common law goes back to foreign law and practice. I'm sure some more conservative lawyers have suggested an appropriate amendment in this or that journal. I just don't know what it would be.

301 posted on 03/02/2005 7:33:51 PM PST by sevry
[ Post Reply | Private Reply | To 300 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


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