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To: griffin

“However, where is the check on the power of the judiciary? If we fail to check the power of the judiciary, I predict that we will eventually live under judicial tyranny.”

The check on the judiciary is in the Congress. Congress can abolish any Federal court except the Supreme court, but even there they can set the number of seats on the Supreme court and impeach and remove any justice. They may impeach any Federal judge. They can set or zero out their budget. The executive branch can refuse to enforce any of their rulings as long as Congress is not 2/3rds offended by that move. Congress can over-ride a Supreme court ruling by working to amend the constitution on an issue the Supremes did not agree with. The Courts cannot rule an Amendment unconstitutional.

The problem isn”t that there are no checks on the Judiciary. It is that nobody cares enough to use them.


29 posted on 02/11/2019 12:58:27 PM PST by DesertRhino (Dog is man's best friend, and moslems hate dogs. Add that up. ....)
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To: DesertRhino

Good points, on paper. However, I wouldn’t say NOBODY cares to use or enforce them. I’d say we are so factionalized that those checks are non-starters.

But as it pertains to congressional leadership, and to you final point, nobody seems willing (due to self centered agendas) to expend the political capital to effectively pursue these checks.

Therefore, we do effectively have judicial tyranny.


30 posted on 02/11/2019 1:37:58 PM PST by griffin
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