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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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To: CA Conservative; Cboldt

Cboldt, could you deal with this one? It’s being suggested that Congress could outlaw abortion and say that it’s outside the jurisdiction of the judiciary to rule on the Constitutionality of the law. Saying that if the legislative and executive branches gang up they can keep a law from ever being subject to Constitutional review by the courts. All they have to do is say it in the law, and then the courts can’t touch it.


346 posted on 02/02/2016 8:24:58 PM PST by butterdezillion
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