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Originally posted by Lebell
What matters is what the CONSTITUTION says and they Constitution says that the SC has the power to determine if laws passed by Congress are in keeping with it.
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Umm going back to the point that I was attempting to make earlier is that the Consitution doesnt actually say that the SC has the power to determine laws passed by Congress unconstitutional. This was a right assumed for the SC under John Marshall and fortunatly neither of the other two branches have seriously ever challenged it. (Actually both branches have challenged it, but never together so that the other branch was always working against them. Actually thats not entirely true, Roosevelt threatened to pack the SC so that they couldn't rule against him and he had the support of the Senate to do so, but the SC decided it was better to just go along with what Roosevelt was doing then to end up with a packed court, hence the saying, 'A stitch in time saves nine (9 refering to the 9 SC justices, so now you know the rest of the story))
ok so here is article 3, section 2, clause 1 just for the hell of it.
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Clause 1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State;between Citizens of different States, between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
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