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To: Jim Robinson
CONGRESS SHALL MAKE NO LAW.........The best part of The Constitution.

The Supreme Court shall find no flaw........Should be in there somewhere........

16 posted on 03/02/2005 1:31:10 PM PST by Red Badger (The South seceded over refusal to end slavery. Blue states want to secede for the same reason......)
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To: Red Badger; jwalsh07; Southack; mhking; Howlin
CONGRESS SHALL MAKE NO LAW.........The best part of The Constitution.

The Supreme Court shall find no flaw........Should be in there somewhere........



I'm surprised that no one replied to your post here. You may have posted in jest, but you're on to something!

Think about it. Article III , Sections 1 & 2 of the Constitution provide for the functions of the Supreme Court, and the inferior courts. Only the Supreme Court is Constitutionally mandated. The inferior courts are not.

But let's get back to what you said. "The Supreme Court shall find no law..." That's actually in the Constitution! Take a look at Article III, Section 2. It explicitly states:

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States...

There you have it. The Supreme Court's power only extends to matters of laws on the books, not the Justices opinion(s).

To rectify this situation, and to prevent federal courts from legislating as opposed to interpreting, Amendment XVIII should be added to our Constitution which says exactly what you wrote: "The Supreme Court shall find no law".

Where would I be wrong?


453 posted on 03/26/2005 8:00:54 AM PST by rdb3 (I will be as harsh as truth, and as uncompromising as justice.)
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