Let's take the "Gay Marriage" ruling as an example. When the SCOTUS in June? ruled the way they did, gay marriages were legal immediately. In California couples were married within hours of the ruling. You are suggesting that State governments will need to say it is okay. I guess at least 26 states must concur, before it become the law of the land. That would definitely have delayed those marriages, but is that okay?
Is it your contention that a ruling which because of its interpretation of the Constitution should be approved across the nation by all the states as if it were an Amendment? If so, I would not support that. The members of SCOTUS are life appointees, approved by Congress in order to be free of the vagaries of politics. I will admit that the recent passing of a judge, whose seat is still open, brings to question whether or not the Judges are free from outside influence peddling. I would like that to be fixed.
Blurryeyed wrote:
No, it would not take them out of the court, they would make their ruling that would only have to be ratified if it changed the status quo, I am uncertain if you read the posts that I made on another thread, but my argument stems from two facts that most people don't realize or never think of. The framers were very careful to put checks and balances into our system, for instance, the legislature controls funding and budgets, writes our legislation and has oversight of the executive branch, the executive carries out the application of the legislation and also has veto power over congress, one can impede the other if one branch thinks that the other is veering off course or vise versa, the court system was set up to try those of breaking our laws and to preside over civil disputes, there was a check placed on lower courts via the appeals process as a case moved its way through the higher courts with the supreme court having the final say on a lower court's ruling, but nowhere in our constitution did the framers authorize the Supreme Court to change the meaning of our constitution or to give it meaning that was not originally expressed in the simple language of our constitution, this power was actually assumed by the court in Malbury v Madison, that was the first case where the court deciphered on its own terms the intent of our constitution. The actual mechanism in the constitution for such change in meaning, intent, or for new clauses is the amendment process which requires ratification of the state legislatures. In modern America we have abandoned the amendment process in favor of the Court as I have already pointed out because this role was never intended for the court, no check on its power was placed in our constitution as there is in the other two branches, if the president does not like a law he vetoes it, if congress does not like what a president is doing they either withdraw funding or they write laws to curtail what the executive is doing, and then with both branches the people have the power to vote politicians, members of congress and president out of office. With the court there is no check and balance, there is no redress, there is no ability to vote them out of office for the American people, their word is final and there is no further redress for the executive, the congress, or the American people as these are life time appointments. I am suggesting that changes to our constitution were intended to be ratified by the states and since the court has without constitutional authority taken this role on to itself, then at least their rulings that change the status quo, the accepted meaning of our constitution, then those rulings should be ratified by the states to become valid. I am just asking that the same consideration be placed on the court that is required for the only process authorized by our constitution to change to our constitution.
No, it would not take them out of the court, they ... (
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