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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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To: butterdezillion
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.

Actually, they can. Roe v. Wade is not part of the Constitution - if is just a court decision. Congress could pass a law banning abortion or just returning the issue to the states, and then include a clause that removes the jurisdiction of the courts to rule on the constitutionality of the statute.

"In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."

So Congress clearly has the ability to deny the court jurisdiction over a statute. And when this power has been used previously, the Court agreed that Congress had the power to do so.

338 posted on 02/02/2016 8:13:39 PM PST by CA Conservative (Texan by birth, Californian by circumstance)
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