Whaddaya Mean "Third Branch" Of Government?!?

[kelincihutan]

In reading the news articles lately, I would almost say that a good portion of the left side of the nation is shocked--shocked, they tell us--that the Supreme Court has any kind of power at all. Most of us are content to await the Supreme Court to finish doing precisely the job they Constitutionally exist for, but apparently the idea that the High

Comments

[acadecalli]

Now, correct me if I am wrong, but judicial review is not explicitly granted to the Supreme Court in the constitution, is it? I thought it was inferred from a couple of clauses and then cemented as precedent with Marbury v. Madison. Regardless, judicial review is part of our legal history. It is certainly not "unprecedented" nor an "extraordinary step." It is a key part of the checks and balances of our government.

[kelincihutan]

No, you're right. It's not precisely specifically written out, though it's pretty heavily implied in at least one place ("...the supreme Court shall have appellate Jurisdiction, both as to Law and Fact..." to my view, but IANAL). But Marbury v. Madison was in 1803, and since the Constitution was only adopted in 1787, I feel that if judicial review had been extraordinarily out of step with what the Framers had intended, a good few of the Framers themselves would have gotten together to do something about it.

[mprice]

An amusing side note someone pointed out. If the Supreme Court is supposed to assume constitutionality of a law duly passed by Congress, then why is the DOJ allowed to ignore the DOMA (which was passed by a majority of both parties) because they think it's unconstitutional? Obviously this administration wants to have its cake and eat it too.

[ford_prefect42]

only the conservatives read laws or bills or constitutions.

look at the favorable and unfavorable ratings watch thomas or opencongress or govtrack, and you will see that the ratings are overwhelmingly conservative. sad fact conservatives read liberals are sheep.

[neemarita]

Checks and balances? lulz, Obama doesn't care about those, silly! *facepalm*

[acethepug]

That terrifies me, actually. And you're right, either he's deliberately misleading the public, counting on their ignorance, or he's the ignorant one