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To: jwalsh07
The Constitution and its Amendments are the "Law of the Land". -- Both statute law, - and Constitutional law, - are subject to judicial review.

The USSC has the power of judicial review for all cases arising before it. [See Art. III]

The Constitutionality of the 18th was questioned, and they reviewed that question. - Sadly, they opined that a repugnant act of prohibition was Constitutional, contrary to all of our principles of liberty.
Fortunately, the people ignored them, and overruled by passing the 21st.

Nothing in Article 3 gives the SCOTUS veto power on Constitutional Amendments. To claim otherwise is to peer into the penumbra of Saturn and find an oligarchy which replaces a constitutional republic.

No one here has claimed "veto power". -- Judaical review by the SCOTUS is an opinion. Such opinions can only be enforced by other branches of government, - fed, state or local.

247 posted on 07/11/2005 6:59:39 AM PDT by musanon
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To: musanon
No one here has claimed "veto power". -- Judaical review by the SCOTUS is an opinion. Such opinions can only be enforced by other branches of government, - fed, state or local.

It is repugnant to our constitutional republic for the SCOTUS to be issuing opinions on issues not before the court.

Now, who has standing to bring the issue before the court after the states and the Congress have passed such an amendment?

At what point in time would this happen? After the amendment is passed it is the Supreme Law of the Land. Before the amendment is passed, the court has no power to grant cert.

And finally, a SCOTUS that issues opinions on issues not before their court is a rogue court again subject to impeachment en masse.

251 posted on 07/11/2005 12:54:48 PM PDT by jwalsh07
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