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To: yefragetuwrabrumuy

Not to be pedantic, but what is there to stop Hobgood or some other liberal from declaring THAT law unconstitutional?


40 posted on 08/21/2014 9:38:53 AM PDT by Colonel_Flagg ("Compromise" means you've already decided you lost.)
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To: Colonel_Flagg

In this case, as soon as the law is passed and signed by the governor, it is taken out of the lower courts jurisdiction.

This is a reflection of the under-used federal power, in which congress must respect the SCOTUS, which is created by the constitution, but has full sway over lower courts.

An important point, because with conservatives as chairmen of the US House and Senate judiciary committees, there is a long overdue need to structurally and procedurally reform the federal judiciary, and once signed by the POTUS, there is nothing that the courts could do about it.

Also importantly, while federal judges have tenure for life, that only applies to their title as a judge and their paycheck. If their court is abolished, they still get paid, but no longer have a bench to rule from. So this may be a way to purge a large number of bad judges without resorting to impeachment.

As far as procedure goes, congress could also, for example, streamline state death penalty appeals, so murderers could be executed in 5 years instead of 20 or more. They could also remove lots of bureaucratic regulations from being actionable. That is, if congress abolished the endangered species act, nobody would have standing to sue in federal court to force its retention.


47 posted on 08/21/2014 12:50:19 PM PDT by yefragetuwrabrumuy ("Don't compare me to the almighty, compare me to the alternative." -Obama, 09-24-11)
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