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To: Huck; Jacquerie
Congress can pass any law it likes! And the courts can interpret it anyway it likes!

This is true and this is a difficult discussion, as you both are essentially correct.

The Constitution, as the great patriots that wrote it, is as humans. Not perfect.

Thus, again, it finally rests with good and evil, and the qualities of men.

The SCOTUS can be reigned in by regaining the Congress and White House, and packing the court.

Additionally, the SCOTUS is the only Constitutionally required Federal court, the rest exist at the pleasure of Congress.

SCOTUS was intended by the framers to be a trial court. In a usurpation of power, SCOTUS has shirked that duty. Threat that they would be the only Federal court in the land might scare 'em straight if packing doesn't.

48 posted on 12/11/2009 10:47:43 AM PST by Navy Patriot (Sarah and the Conservatives will rock your world.)
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To: Navy Patriot
The SCOTUS can be reigned in by regaining the Congress and White House, and packing the court.

That only goes so far. We can see how difficult it is to do. Plus, even conservative judges only go so far when it comes to overturning well-established precedent. The amount of cases, and the overall significance of them, that would have to be overturned would represent a revolution and wouldn't be tolerated, by the people or their elected officials.

SCOTUS was intended by the framers to be a trial court. land might scare 'em straight if packing doesn't.

A trial court without a jury? They debated having a jury on the supreme court, but it didn't take. The Federal Court decides, finally, all questions of law arising under the Constitution. They haven't usurped authority. They have executed authority. The quarrel is the broadness of their interpretations. But there's nothing in the Constitution telling them HOW they must decide cases===separation of powers.

53 posted on 12/11/2009 12:35:58 PM PST by Huck (The Constitution is an outrageous insult to the men who fought the Revolution." -Patrick Henry)
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