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Congress and the supreme Court
Sep 30, 2016 13:26:38   #
boberic Loc: Quiet Corner, Connecticut. Ex long Islander
 
The Constitution says nothing about the Supreme Court having the power to approve or overturn any law. The court TOOK that power in the Marbury v madison case. But the question is why does congress allo the court to have such power. That power is _according to the constitution- strictly reserved to the congress by the ability to repeal any law. So the question remains--Why does the congress allow the Court to have this power. The congress could pass an amendment pulling that power away and thus restore that power to itself, the way the founders inyended.

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Sep 30, 2016 13:55:35   #
rmalarz Loc: Tempe, Arizona
 
This issue goes back to the early 1800s. Do you know for a fact that the Supreme Court continues to do this?
--Bob


boberic wrote:
The Constitution says nothing about the Supreme Court having the power to approve or overturn any law. The court TOOK that power in the Marbury v madison case. But the question is why does congress allo the court to have such power. That power is _according to the constitution- strictly reserved to the congress by the ability to repeal any law. So the question remains--Why does the congress allow the Court to have this power. The congress could pass an amendment pulling that power away and thus restore that power to itself, the way the founders inyended.
The Constitution says nothing about the Supreme Co... (show quote)

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Sep 30, 2016 14:07:03   #
rfmaude41 Loc: Lancaster, Texas (DFW area)
 
rmalarz wrote:
This issue goes back to the early 1800s. Do you know for a fact that the Supreme Court continues to do this?
--Bob


Well known fact that SCOTUS, and many, many of the lower courts "make law from the bench". Just think of most of their decisions made in the several years, particularly about social matters.

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Sep 30, 2016 14:16:55   #
rmalarz Loc: Tempe, Arizona
 
I'm well aware of that. In fact, one book (don't remember which one) written by a Supreme Court Justice stated how tired they were of the practice of congress to defer to the court the act of making laws. They're charged with interpreting the law, not making it.
--Bob


rfmaude41 wrote:
Well known fact that SCOTUS, and many, many of the lower courts "make law from the bench". Just think of most of their decisions made in the several years, particularly about social matters.

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Sep 30, 2016 14:30:44   #
boberic Loc: Quiet Corner, Connecticut. Ex long Islander
 
rmalarz wrote:
I'm well aware of that. In fact, one book (don't remember which one) written by a Supreme Court Justice stated how tired they were of the practice of congress to defer to the court the act of making laws. They're charged with interpreting the law, not making it.
--Bob


Charged by whom--The Congress? Not really. The congress did not charge the court to do anything. This power is reserved to the congress by the constitution. The congress gave up the power. To this day there is no law or even a congressional regulation giving the court the power to "interpert" any law. The court simply TOOK that power unto inself and the congress allowed it. Pleas show me the clause in the constitution that gives the court the ability to approve or overturn or interpert any law. You can't because it does not exist. Congress is a bunch of feckless little pussies, that do nothing other than to enrich themselves at the expense of the people. The whole thing is corrupt. All of them are a group of blowhards, and all they care about is their re-election.

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