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To: steelhead_trout
And other functioning representative republics (including Canada until the early 1980s) did quite well without judicial review.

Then to whom does one turn for questions of the law?
My favorite example is NM's constitution, which explicitly prohibits a law "abridging the right of the citizen to keep and bear arms for security and defense" (and also expressly says "No county or municipality shall regulate, in any way, the right to keep and bear arms."), yet there are municipal, county, and state court-houses which have posted signs barring weapons saying violators will be prosecuted.

So then, under what law would the be prosecuted? If the state constitution is binding on the state/county/municipality then how can that political division require the abridgment of the citizen's right to keep and bear arms for security and defense? Moreover, how does one challenge situations like this?

93 posted on 01/01/2014 11:20:31 AM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark

Congress—and state legislatures—have gotten lazy over the years regarding the constitutionality of legislation. After all, they figure, if something that’s not constitutional is signed into law, the SCOTUS will shoot it down sooner or later, so what’s to worry about. If the SCOTUS didn’t have the power of judicial review, legislators—and executives like Presidents and governors—would have to take their oaths to uphold the Constitution far more seriously. And considering that landmark SCOTUS decisions have done far more harm than good over the nation’s history, not having judicial review would be a net plus.


100 posted on 01/02/2014 7:40:43 AM PST by steelhead_trout (MYOB)
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