This is from Matthew Bohrer, Former Assistant State’s Attorney
Feb 10, 2017
[The Ninth Circuit] cited Boumediene v. Bush, 553 US 723 at 765 from 2008. There, Congress and the President attempted to make the President’s decisions regarding enemy combatants unreviewable by eliminating federal courts’ jurisdictions over habeas claims by such persons. The Court found this offensively invalid. They explained that the “political branches” lacked “the power to switch the Constitution on and off at will”.
In other words, the Constitution is what empowers judicial review, and the Constitution cannot be limited by statute (only Amendment).
Sure you can let the courts take control, that was one of the Founders biggest concerns.
We have accepted Courts Authority sort of like loons have accepted Global Warming, doesn't make it true.
A court Ruling that declares the court ruling has the final say on a matter is how we have got into the mess we are in. Court rulings have in effect rewritten the Constitution with out the necessity of an amendment because those in power have accepted it, no other reason.
Many of our illustrative leaders have secretly wanted these changes so they blame the courts in attempt to avoid blame for some of the most egregious court decisions.
The Courts regularly hogtie the Congress and the President because they allow them to, when in fact the Congress can set the lower court agenda or even abolish the lesser courts any time they choose.
The recent court tyranny where district courts can issue orders that apply throughout the country has became de facto law that effectively gives them the same power as he Supreme Court, requiring a Supreme Court decision to reverse the district Judge. Not what the Constitution intended and what the Founders feared is upon us.