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To: Quila
""That is exactly why the idea of 9 politically appointed bureaucrats sitting on the supreme court should NOT be allowed to "interpret" the words of the Constitution to fit their particular whims at any given time in history. "

"Unfortunately, that's our system. But from the embarassing Dred Scott case to Brown v. Board of Education, it's the same court.

Q, But, that is NOT "our system"! NOWHERE in the constitution is it written that the supreme court can "interpret" the constitution itself. That is itself a matter of case law since Marbury vs Madison, when among the wording of the ruling were the words {Paraphrased}, "Only the Supreme Court has the power to 'interpret' the Constitution." Those who practice case law {which is NOT law} since that ruling have gleefully TAKEN that power onto themselves. Judicial review in this country is limited by the constitution's words themselves. Or, is supposed to be anyway.

Lex Rex. The LAW is King. But, those who would, as soon as they were given the opportunity to do so corrupted that magnificent document with their own whims, not seeming to realize that those who follow might do the same thing, but with entirely different agendas and whims. Rule by the whim of man {even nine learned {much redundancy in learning because of type of education that got them there} folks sitting behind a bench. Through time, those nine change either through retirement, or death, and their followers might not be as benevolent when "interpreting" the words that govern this nation. Peace and love, George.

103 posted on 12/06/2001 12:22:13 PM PST by George Frm Br00klyn Park
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To: George Frm Br00klyn Park
"But, that is NOT "our system"! NOWHERE in the constitution is it written that the supreme court can "interpret" the constitution itself. That is itself a matter of case law since Marbury vs Madison, "

As I said, it's also been a part of our judicial system that judges can interpret law (and the Constitution is the law of the land) since before the Constitution. Much of the way our judicial system is built isn't in the Constitution, it goes along common law. In our system of law, precedent is law, case law is law. You are thinking Napoleonic Law, where what is written, and only what is written, is law. Move to France if you like that system.

But let's say you have your way, and the Supreme Court cannot interpret the Constitution. Take the cases of the precedent I quoted and the current case of Fast Track should it be passed and declared Constitutional. In both cases, the Supreme Court upheld (or will have upheld) the will of Congress, so whether they can or can't interpret, the results would be exactly the same.

Under your system, Congress passed a law, and it went into force. If that law did something that you think is unconstitutional (delegating trade authority), too bad -- it's law.

Your only hope is for a Supreme Court that has the ability to interpret the Constitution, thus striking down Fast Track.

108 posted on 12/07/2001 12:34:48 AM PST by Quila
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