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To: butterdezillion
I know that section of the Constitution, and nothing there says that the judiciary has exclusive responsibility to interpret the Constitution. It says they are able to decide cases in law that arise under the Constitution.

You are incorrectly conflating the Supreme Court's decision in Marbury vs. Madison with something from the Constitution itself. But both the Executive and the Legislative branches have the responsibility to interpret the Constitution, and to act as a check and balance against the other branches incorrectly interpreting the Constitution. For example, if the Congress and the President decided that Roe v. Wade was incorrect, they Congress could pass a statute that overturned it, and could remove the jurisdiction of the courts to rule on the statute.

286 posted on 02/02/2016 7:23:42 PM PST by CA Conservative (Texan by birth, Californian by circumstance)
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To: CA Conservative

No, Congress and the POTUS can not change Roe v WAde. That can only be done by a Constitutional amendment or SCOTUS overturning Roe v Wade.

The power of Congress over the judiciary is the power of denying confirmation of Presidential appointees such as judges and Justices.

The power of the executive over the judiciary is the ability/responsibility of appointing the judges/Justices.

If there is a case - that is, where there is an injured party who files suit- or a controversy involving the US Constitution, the judiciary has the responsibility to decide the case or controversy in regards to both finding of facts and to interpreting the meaning of the Constitution.


331 posted on 02/02/2016 8:01:45 PM PST by butterdezillion
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