Democratic Underground Readers are Wrong on SCOTUS

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My money this week I did a rant .

About how the Supreme Court was never given the power to overturn laws based on the constitution.

Click went up over Democratic Underground yesterday and today hear the comments with my responses first comment was from el Inka Elen gee who quoted from Wikipedia not exactly reliable source a constitutional information saying.

Federal and state courts quote federal and state courts at all levels both appellate and trial are able to review declare the constitutionality or green or the cast is your lack there of legislation that is relevant any case properly within their jurisdiction yeah.

They claim that power but notice is carefully not this message and now the ones that follow now these people commenting on DU actually quote the Constitution saying that any courts have the right to overturn laws passed by Congress and signed by the president reason why.

It's not in the constitution pleeeease.

Read it second posters from Marshall.

Who quoted nixon saying when a president doesn't that means is not a little.

Well nixon did say that but it wasn't the supreme court overruled him.

It was congress which passed a whole slew of campaign finance and transparency laws in the wake a watergate and was threatening to impeach him which is why he resigned.

That's the appropriate role congress to pass laws and hold the president accountable if Marshall meant to imply that the Supreme Court is necessary to stop a rogue president like nixon I'd like to make two points the first is they didn't in the constitution spring court can't.

It's congress' job to impeach or removed from officer president again please read the Constitution second point is even more important.

The reason why early.

Conservatives at the.

Constitutional Convention didn't allow the people we the people to vote for US senators or for the president senators back then were appointed by politicians in each state and the president is elected indirectly by the Electoral College the reason why was because conservatives didn't trust we the people with the fall rains a government they also thought that the senator should represent the interests that the rich.

Like in the British House of Lords well the house.

Representatives.

Directly elected the only body was directly elected back that the average person just like the house 0 comments.

In the UK thomas jefferson and many other founders.

Fought this tooth and nail they didn't think there should be a ruling aristocracy in america they said that all decision should ultimately made by you and me we the people.

Every two years in elections that either kept politicians in office.

Or through the mall because they mad had made bad laws unconstitutional laws as jefferson wrote to his old friends annual crucial the appointment of senators instead of there being elected was the first.

Republican heresy in this first essay.

A revolutionary Patriots for me Constitution he added that because a John Marshall's marbury decision the gate courts the power to strike down laws remember it's not in the Constitution that the courts now had even more power than the executive the president erode a faction once possessing themselves at the Ventura County you start a county governments being applied to federal governments as well can never be broken up.

But holder county in Chains for ever indissoluble.

Get these justices are the real executive as well as judiciary in other words marcia your lag logic is that the people can't be trusted to throw all politicians passing.

Constitutional laws.

And therefore we need to have nine all wise people on the Supreme Court.

To decide whether a law will be rejected or not that is democracy.

At a kingdom with the supreme court justices.

As kinks you really want to kinda country.

Remember you can't vote the Supreme Court out of office in that same letter.

Jefferson talked about how the appointed senate and Supreme Court.

Would defend the rich as the senate did until we amended the constitution in 1913.

So that we the people can now directly elect our senators jeffers wrote that he and the other progress is a his era why did the people to have the most power.

Their object is to secure self-government by the Republican is above our Constitution.

As well as by the spirit of the people and nourish and perpetuate that spirit I am NOT among those who fear the people day.

And not the Rich are our dependence.

For continued free then over a do you are 77 said.

But needs to stop some work there are plenty of things about urs did not anticipate and functioning democracy the Supreme Court is not corrupt and therefore would be competent to handle things like this actually the founders did anticipate this.

They debated at length at the Constitutional Convention and they rejected it.

The park for all lawsuits does stop summer the Supreme Court San article three section to the Constitution but the bucket what's constitutional that star power given to the Supreme Court that.

As jefferson pointed out is way too much power for nine are elected people serving for life to help.

The founders and framers the Constitution didn't want us to have kings and queens in america striking down laws passed by the represents the people and that's why they didn't give the Supreme Court.

That our again read the if congress passes on constitutional law and the people will rise up in protest and throw the bums out and a new congress will fix it.

Or the president has the power under the constitution to veto it.

Because he thinks it violates the Constitution bats in the but not the Supreme Court because they are not answerable to you and to me this is not supposed to be.

Kingdom now the comment on the US from spectator who said is called balancing power three core equal branches in theory actually those phrases never appear in the constitution the first one the the first of the three branches that govern the first among equals article one.

Is the legislative branch day in only the legislature only Congress has the power to tax and spend and create laws the second among equals.

The presidency as the bright has the job to carry out the laws congress passes.

And can veto laws that the president things are.

Unconstitutional.

And the third among equals the Supreme Court is.

As the constitution says the final court of appeals so if you and I am a lawsuit that goes from court to court the Court the Court.

Somebody finally has to have a final say.

Again it's in the constitution which even puts the Supreme under the regulation and the first among equals the congress here's the language the subprime the Constitution.

The supreme court shall have apology restriction both as the law in fact with such exceptions and under such regulations as Congress shall make.

Congress is the first among equals read the Constitution so I stand with my argument that legal scholars from Thomas Jefferson.

The current dean at the Stanford Law School make.

That the Supreme Court does not have the constitutional power to strike down laws.

That power resides with us you me it's called.

Elections again please read the nowhere in there would you find anything.

Says that the supreme court has passed by the House.

Passed by the Senate and signed into law by the president what by the way unlike the Supreme Court were all elected and are all answerable to us We the People we live in a constitutionally limited representative democratic republic not a kingdom ruled over by.

By about nine people sitting for life on.

Unelected Supreme Court the Supreme Court has been acting illegally for centuries in congress should take action to stop it.

As President Andrew Jackson Abraham Lincoln.

In Franklin Delano Roosevelt all tried.

To do read the history read the debates.

And wake up.





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