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

To: SampleMan
Does the Supreme Court have authority to rule? Sometimes its not a matter of if the decision was correct, but whether the right entity is making it.

In matters of the division of power and authority between the national government and the States, who else would have authority to rule on it?

384 posted on 10/30/2006 12:57:17 PM PST by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
[ Post Reply | Private Reply | To 379 | View Replies ]


To: tacticalogic
Why would the Supreme Court have more authority to say when the Legislature/Executive is wrong than the Legislature/Executive has to overrule the Supreme Court? If the Supreme Court is king, then there is no separation of powers. Indeed, what is to prevent a liberal supreme court from making rulings that the Legislature must raise taxes and provide free health care, if they rule that it is a right?

It was a long time after the Constitution's ratification before the Supreme Court decided that it was the final arbiter of constitutionality and Congress/President have failed to rein it in.

Where in the Constitution is such power granted to the Supreme Court? Why would the court make better decisions than the Congress or the President?

385 posted on 10/30/2006 1:21:29 PM PST by SampleMan (Do not dispute the peacefulness of Islam, so as not to send Muslims into violent outrage.)
[ Post Reply | Private Reply | To 384 | 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