Every bill should contain a clause that takes it outside the power of the judiciary beneath the Supreme Court to review for constitutionality.
Or we should have a single bill passed that removes constitutional review of congressional acts from lower court review.
I'm not real certain that SCOTUS has a power of constitutional review. Some find an implied power, but if there is debate, why compound that by included lower courts in it?
"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!
I agree. Limit the powers of these courts if they are going to abuse them.