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To: T Ruth

Of course, the problem is that we have to choose whether to have a Supreme Court which has the final say over the constitutionality of statutes. How can we deny the Court’s power to rule on the constitutionality of marriage laws but preserve the Court’s power to rule on the constitutionality of anti-gun laws? Either the Court will have the final say or it won’t. For more than 200 years, the Court has been claiming and exercising that power.


10 posted on 07/03/2016 1:40:26 PM PDT by Tau Food (Never give a sword to a man who can't dance.)
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To: Tau Food
How can we deny the Court’s power to rule on the constitutionality of marriage laws but preserve the Court’s power to rule on the constitutionality of anti-gun laws?

I don't think you can. The truth is the Court does not have the authority -- right now it does have the power -- to repeal laws. However, the Court's exercise of that power is illegitimate. It is not a super-legislature, and new institutional responses will have to be developed to deal with the question of unconstitutional laws.

13 posted on 07/03/2016 2:17:14 PM PDT by T Ruth (Mohammedanism shall be defeated.)
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