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To: Aetius; Ransomed
....but the fact is that we live with judicial supremacy.

Noting in passing your pessimism on the point, nevertheless the Constitutional language exists in black letters, that gives Congress the power to limit the federal courts' jurisdiction by statute.

That should be sufficient to overcome any liberal justices' waffles about "Necessary and Proper" and "General Welfare" and Marshall's various opinions on an expansive review power.

54 posted on 10/03/2011 12:24:41 AM PDT by lentulusgracchus (Concealed carry is a pro-life position.)
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To: lentulusgracchus

Yeah I agree, but there is no reason to expect Congress to use that power because they never do, at least not on any high-profile, contentious issue. If a Republican Congress threatened to use the power, they would be savaged as attacking the independence of our fair and impartial judiciary, and they would likely back down.

And who is to say that even if Congress had the stones to make a bold move with this power, that the Sup Court wouldn’t rule that they can’t use it that way? Who do you think would win such a Constitutional showdown? I have no doubt that the Sup Court would, especially if it were a conservative move by Congress.

So yes, I am hopelessly pessimistic about this matter. For a century now the Sup Court has been usurping power from Congress, the President, and the States. They have given themselves more power than the Framers and the Constitution ever intended. And they just keep getting away with it. The other branches and the States have not truly challenged them. We have meekly accepted it, and I see no hope that it will change.


58 posted on 10/03/2011 5:36:46 PM PDT by Aetius
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