Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: dukeman
"Right now, radical Republicans in the Senate are trying to get absolute power over our courts so they can nominate judges who will strike down environmental laws, the minimum wage, and even our right to privacy. But we're not going to let it happen."

Proof that leftists get all the really good drugs.

7 posted on 05/23/2005 6:33:19 AM PDT by Petronski (A champion of dance, my moves will put you in a trance, and I never leave the disco alone.)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Petronski

We (libs and conservatives alike) are all so concerned about how appellate and Supreme Ct. justices will rule concerning legislation--legislation passed by freely elected US and state legislators. Yet, there is NOTHING, I repeat NOTHING in the US constitution giving federal judges the authority to overturn legislation passed by such legislators. The judiciary (under Chief Justice Marshall) essentially seized this power in a constitutional coup in the seminal case Marbury vs. Madison. What we conservatives should be debating is whether the institution of judicial review should even exist in this day and age. Most representative republics don't have it. A law passed by a freely elected parliament is assumed to be constitutional. That is how it is in Britain and most of Europe. American legislators and executives swear an oath to uphold and defend the US constitution. It is thus unthinkable that they would introuduce, let alone pass legislation violating our Constitution. I know this seems quixotic, but if we press our allies in the Federalist society and in Congress, we may, someday, be able to push through a constituional amendment eliminating the odious doctrine of judicial review.


21 posted on 05/23/2005 6:49:18 AM PDT by sawdust ("Justice Marshall has made his decision, now let him enforce it"--Pres. Andrew Jackson)
[ Post Reply | Private Reply | To 7 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson