To: xzins
"I'm not real certain that SCOTUS has a power of constitutional review"
You are very correct - and in Mark Levin's book, "Men in Black", he tells the story of how "judicial review" became the bellweather of law. There are enough lawyers in the halls of congress to determine is a law is correct or not - and if there isn't - then a panel of within congress should be established to go over this stuff and make sure the Constitutional guarantees are not abused.
I believe "judicial review" needs to be taken away from the USSC NOW!!! I believe this is one of the first major things to be done.
We also must retrain our congress people to write laws correctly IN THE FIRST PLACE. We must stop this practice of just writing up a bunch of stuff and then abdicating our responsibility to get it right - by saying - the courts will tell us if it's right or not. THAT IS GIVING THE COURTS WAAAAAAAAAY TOO MUCH POWER. A power the Constitution DOES NOT AND SHOULD NOT GIVE THEM.
Good questions!
17 posted on
03/28/2005 8:44:04 AM PST by
CyberAnt
(President Bush: "America is the greatest nation on the face of the earth")
To: CyberAnt
Marbury v. Madison was the ruling that kicked this mess off. Judges ruled that the only people qualified to make determinations on the Constitutionality of laws were... judges. They took power unto themselves, and they haven't been challenged on it since. Thomas Jefferson saw the danger in this ruling, and made his prediction on judicial tyranny. He was right.
19 posted on
03/28/2005 8:55:17 AM PST by
ex 98C MI Dude
(Our legal system is in a PVS. Time to remove it from the public feeding trough.)
To: CyberAnt
"There are enough lawyers in the halls of congress to determine is a law is correct or not - and if there isn't - then a panel of within congress should be established to go over this stuff and make sure the Constitutional guarantees are not abused."
Be careful what you wish for... I sure don't trust Congress to protect the Constitution. The judicial branch may get out of hand sometimes but I think the whole checks and balances system between the three branches of government is a good idea overall. I just hope the courts start reviving federalism before it's too late and restore much of the sovereignty they have allowed Congress and the Executive Branch to steal from the states.
21 posted on
03/28/2005 8:59:00 AM PST by
TKDietz
To: CyberAnt
There are enough lawyers in the halls of congress to determine is a law is correct or not - and if there isn't - then a panel of within congress should be established to go over this stuff and make sure the Constitutional guarantees are not abused. Why would Congress want to do that. They stay in office by abusing those guarantees and exercising powers not granted to them.
26 posted on
03/28/2005 9:05:54 AM PST by
El Gato
(Activist Judges can twist the Constitution into anything they want ... or so they think.)
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