Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: SierraWasp
More from the dissent ...

I repeat so as not to be misunderstood that this Court does have power, which it should exercise, to hold laws unconstitutional where they are forbidden by the Federal Constitution. My point is that there is no provision [381 U.S. 479, 521] of the Constitution which either expressly or impliedly vests power in this Court to sit as a supervisory agency over acts of duly constituted legislative bodies and set aside their laws because of the Court's belief that the legislative policies adopted are unreasonable, unwise, arbitrary, capricious or irrational. The adoption of such a loose, flexible, uncontrolled standard for holding laws unconstitutional, if ever it is finally achieved, will amount to a great unconstitutional shift of power to the courts which I believe and am constrained to say will be bad for the courts and worse for the country. Subjecting federal and state laws to such an unrestrained and unrestrainable judicial control as to the wisdom of legislative enactments would, I fear, jeopardize the separation of governmental powers that the Framers set up and at the same time threaten to take away much of the power of States to govern themselves which the Constitution plainly intended them to have. ...

GRISWOLD v. CONNECTICUT, 381 U.S. 479 (1965)
201 posted on 10/17/2005 6:36:49 PM PDT by Cboldt
[ Post Reply | Private Reply | To 189 | View Replies ]


To: Cboldt
"...will amount to a great unconstitutional shift of power to the courts which I believe and am constrained to say will be bad for the courts and worse for the country."

Prophetic!!!

208 posted on 10/17/2005 6:48:52 PM PDT by SierraWasp (The only thing that can save CA is making eastern CA the 51st state called Sierra Republic!!!)
[ Post Reply | Private Reply | To 201 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson