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.
ping to post #289
Ad Hominem attack. What is your legal education? My bet is that mine is far better; in fact from your post I would say you have no legal education at all. Understand that Constitutionally the Congress can completely remove jurisdiction from the Supreme Court to hear cases in an area making them, in a practical sense, the superior power in Constitutional law. As far as the 13th - 15th Amendments go, how do they remove the duty of Congress and President to protect the Constitution? I think no one is responding because they don’t understand the argument.
Do a thought experiment. What is the duty of President if the Supreme Court upholds a law that Americans are no longer entitled to free speech on about politics prior to an election? What is the duty of the Congress if the President jails people for speech and the Court upholds it?