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To: Mr. Know It All

“That’s the job of SCOTUS”

Says who? Not the Constitution. I realize it’s become a so-called “informal amendment,” but it is productive of all manner of evil. Think egotism instance, of Bush the Younger’s refusal to veto the incumbency protection act (McCain-Reinhold) on the trust that SCOTUS would faithfully execute its responsibility. Not that it wasn’t a lie and an evasion of responsibility on Bush’s part. Nevertheless he could have used the veto power as presidential review and didn’t. SCOTUS is not the only body capable of blocking unconstitutional laws.

State nullification and jury nullification don’t as obviously exist because they’re not talked about as much as the equally unwritten power of judicial review. But they are ideas with a long pedigree, and I believe states are under no legal obligation to follow laws they deem inapplicable no matter what SCOTUS says.


49 posted on 12/04/2012 7:41:16 AM PST by Tublecane
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To: Tublecane
“That’s the job of SCOTUS”

Says who? Not the Constitution.

Article III, Section 2:

The judicial power [of the Supreme Court] shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States,...

Yeah, the Constitution. If you think something is unconstitutional, you petition the Supreme Court. If you lose, you are wrong. Those are the rules in the Constitution.

52 posted on 12/04/2012 7:51:18 AM PST by Mr. Know It All
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