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To: Vicomte13
The Court would also dismiss any argument that Congress can prevent the Supreme Court from reviewing ANY law for Constitutionality.

The court may dismiss as it likes, we the people have granted to the Congress (those elected) the authority to limit the court's (those appointed) authority. It would be up to us to replace those in congress who pulled such a stunt, but they do have the authority.
184 posted on 11/04/2005 9:23:07 AM PST by GrandEagle
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To: GrandEagle

"It would be up to us to replace those in congress who pulled such a stunt, but they do have the authority."

Sez you.
Let the Congress try to pass a law denying the Supreme Court the right to review for constitutionality.
Watch how swiftly the Supreme Court strikes down that law, with Scalia, Thomas, Roberts and Alito all joining the other 5 justices in a 9-0 decision that firmly reasserts Marbury v. Madison.
A direct confrontation between Congress and the Supreme Court over the power of judicial review would be very interesting to see.

It would ultimately be decided by the court of public opinion, although the way the executive branch went would help.

You're an Immigration Official. On the one hand, you've got a Congressional Act that says to do X. On the other, you have a Supreme Court order that orders you not to. What do you do?

A lot of people's oaths to the Constitution would be tested in such a showdown. It would be won in the Court of public opinion, and the loser would be pummmelled.

I don't think it's hard to divine which way the public would go. Let's see, on the one hand you've got all 9 Justices asserting Marbury v. Madison, the most ancient and hoariest of all American constitutional rules, Civics 101 stuff. On the other, you've got one party in Congress asserting that Congress has plenary power to prevent the Supreme Court from reviewing acts of Congress for Constitutionality.

All of the Democrats and every Libertarian would side with the court. So would a lot of Republicans. Congress would be defeated.

Let's hope that we don't have to see that test.


219 posted on 11/04/2005 10:04:45 AM PST by Vicomte13 (Et alors?)
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