This judge is 100% correct in this instance . You may not like what he says but he is right. At times Judges decisions make law when they are not supposed to. In this instance the Congress took it upon themselves to attempt to over rule a Judicial decision they shouldnt have.
| This judge is 100% correct in this instance
You'll notice there is not a word in this article about the dissenting opinions filed with this concurring opinion. If you haven't already, read the dissent (I posted it above) and see if you still agree with Birch. |
Please explain the meaning of section one and five of the 14th amendment then.
>>>In this instance the Congress took it upon themselves to attempt to over rule a Judicial decision they shouldnt have.>>>
Yes, because judges are ALWAYS right.
Not according to Thomas Jefferson, but then his interpretation of the Constitution is not the one the courts favor. They claim Marshall's as definitive. I prefer Jefferson's. According to his perspective the legislature and executive branches have every right to curtail, even ignore judicial rulings and should when the courts overstep their boundaries.
I think what must of us are asking is that justice (judges) be able to apply wisdom to a case (see I Kings 2:10-12, 3:3-14) for an example of judicial wisom as applied by King Solomon.
"In this instance the Congress took it upon themselves to attempt to over rule a Judicial decision they shouldnt have."
Wrong!
Congress has the power of judicial review/checks and balances. It's just a pity they've haven't done more reviews to keep the Supreme Court in check.
You're aware that the Legislative branch can just deal the Judicial branch out of the game by denying them jurisdiction, aren't you?
Do you say that because you have studied the matter at some length, or because you got sucked in by the media's favorite trick of quoting the hell out of any conservative who happens to be on their side at the moment?