The Supreme Court has the power to review anything and it can be taken away with a vote in Congress.
"The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803)."
I think the very idea of judicial review is undemocratic.. the court being unbiased "non political" has always been an unrealistic expectation.
Democrats are talking about packing the courts, that will most likely start a court packing war between parties but stripping judicial review from the SC would mainly hurt more conservative postions and push Congress to work with the president to pass laws, instead of just letting the courts deal with everything. I'm not against court packing either I just think this is a much more important issue.
nyujlpp.org/quorum/segall-sprigman-reducing-power-supreme-court
theweek.com/articles/938865/democrats-have-better-option-than-court-packing
I disagree. The SC is already the weakest branch, push for Congress to pass laws instead
I disagree. The SC is already the weakest branch, push for Congress to pass laws instead
The SC is absolutely not the weakest branch. They can strike down laws with impunity and establish legal norms without a legislative process
I disagree. The SC is already the weakest branch, push for Congress to pass laws instead
I don't disagree with the last part, the presidents powers would definitely need to be checked but that should come from Congress (The House specifically) not the Supreme Court, that's my point
The SC is absolutely not the weakest branch. They can strike down laws with impunity and establish legal norms without a legislative process
You’re right
Lmaooo
u lame
I disagree. The SC is already the weakest branch, push for Congress to pass laws instead
The whole basis for its legitimacy is that it operates outside of the realm politics, but it's history proves its always been used a tool for political parties to exert power.
Wild this hasn't been talked about more
But then again I feel like both political parties like the potential of it too much cause it represents the idea of a pawn they can turn into a queen
Wild this hasn't been talked about more
But then again I feel like both political parties like the potential of it too much cause it represents the idea of a pawn they can turn into a queen
first time I heard the idea was in a Thom Hartmann book
The Hidden History of the Supreme Court and the Betrayal of America
super interesting if you want to know about the Courts history, has tons of info
The legislative branch has no interest in stripping SCOTUS of judicial review because as an institution, the federal government is predicated on this the status quo where those clowns in congress can sit around with their d***s in their hands and defer responsibility to the judicial branch
Any disruption to the status quo, any change in inertia, is potentially dangerous to their sinecures and cozy perch
In terms of it being democratic the Executive appoints the justices and Legislative approves them its not much different to the people not directly voting on laws.
The whole point of the Supreme Court is checks and balances. They can only overturn laws they think are unconstitutional.