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To: ComeUpHigher; EternalVigilance; MHGinTN; curiosity

I have now provided you with both the actual text of the Constitution and several citations/quotes from Constitutional jurisprudence which clearly state that it is the role of the Supreme Court to interpret the Constitution.

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“I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

Presidential Oath

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.

Senate Oath

Etc. The President and the Congress have a sworn duty to uphold the Constitution. This requires interpretation of the meaning of the Constitution.

Remember also that the Congress can withdraw jurisdiction from the U.S. Supreme Court; the Congress defines much of the Supreme Courts right to hear cases at all.

Article III, Section 2 clearly states: “the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.”

So don’t go too far with your thinking that the Supreme Court has sole responsibility or authority in the area of Constitutional interpretation.

As you can see the Congress has the duty to interpret and uphold the U.S. Constitution and has the power to regulate the Courts authority. Further, the President, if he disagrees strongly enough with the Court can simply ignore a Court holding and not enforce the holding (or continue to enforce the law the Court opposes). The Court has no power to enforce it’s decisions except through the other branches of the government.


287 posted on 08/05/2007 8:24:18 PM PDT by Greg F (The Congress voted and it didn't count and . . . then . . . it didn't happen at all.)
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To: Greg F
Greg F, the jailhouse lawyer, and wannabe tax guru income tax protestor/constitutionalist, wades into the Constitutional Law fray, inanely stating:

The President and the Congress have a sworn duty to uphold the Constitution. This requires interpretation of the meaning of the Constitution.

Nice claim in the second sentence above, Greg F. Where in the Constitution does it state that? Where is the constitutional jurisprudence to support your claim? Please cite me the case law that supports your position. The respective oaths of the President and Senate state nothing about conferring power upon them to interpret the Constitution.

Conversely, the text of the Constitution expressly confers "judicial power" in the Supreme Court (By the way, "supreme" is defined as "greatest in power, authority, or rank; paramount or dominant") to decide ALL cases arising under the Constitution.

Let me educate you with another citation/quote. In Thompson v. Oklahoma, 487 U.S. 815, 108 S.Ct. 2687 (1988), Justice O'Connor, writing for the Court, stated, citing Marbury:

That the task of interpreting the great, sweeping clauses of the Constitution ultimately falls to us has been for some time an accepted principle of American jurisprudence. See Marbury v. Madison, 1 Cranch 137, 177 (1803) ("It is emphatically the province and duty of the judicial department to say what the law is").

Did you not read my last post and the case citations? As recently as last term, Chief Justice Roberts stated that the Supreme Court interprets the Constitution. Like Eternal Vigilance, you express your own asinine opinion without citation to any authority. You fabricate out of whole cloth this notion that the President and the Senate have the authority to "interpret" the Constitution.

Like EV, I notice you didn't address my points regarding the 13th, 14th & 15th Amendments or Clinton refusing to follow the Bush v. Gore decision from 2000 and issuing an executive order to count all the votes. The practical consequences of your asinine assertion results in chaos and anarchy.

Stop embarrassing yourself like EV with your inane pseudo-legal arguments. Anybody with a formal legal education would not make the claims EV and you do. That is unless you obtained a law degree from some mail order company.

289 posted on 08/05/2007 9:43:35 PM PDT by ComeUpHigher
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