You say —
The Constitution does not grant Congress the power to legislate religion therefore prayers at a local town meetings are not the business of the Supreme Court. The Supreme Court can only rule on issues that the Congress is empowered to legislate.
This is just SO Wrong.
F’rinstance ... The ‘sovereign’ States ( and any ‘contained’ jurisdiction ) may NOT enact laws that contravene the Constitution. Otherwise, selectively, any State may enact laws that deprive its OWN citizens of essential rights or privileges reserved to them by the Constitution and diminish them from the status enjoyed by citizens of OTHER States. ( Article IV, Section 2 ) The Supreme Court CERTAINLY has jurisdiction to overturn such practices, despite the non-involvement of the Congress.
The Constitution specifically states —
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.” ( Article VI )
To say that the Supreme Court may ONLY “ ... rule on issues that the Congress is empowered to legislate ...” is beyond ridiculous.
Was your ‘Constitutional Law’ tutor, by any chance, a certain ‘Professor’ Soetoro ???
One Man’s Opinion
21stCenturion
I can accept that much.
The topic was “prayer” and I assumed people with a working knowledge of the Constitution would read my post in that context. To that end let me rephrase my observations.
Do you disagree with this statement? The Constitution does not grant Congress the power to legislate religion therefore prayers at a local town meetings are not the business of the Supreme Court.
I can see your problem with this statement. The Supreme Court can only rule on issues that the Congress is empowered to legislate.
I’ll reword that to seek a more acceptable response. “The Supreme Court can only rule on legislation that Congress has passed whether Congress were constitutionally empowered to legislate or not and all other legislation to determine if that legislation conflicts with the Constitution.”
Article III charges the Supreme Court in Section 2 .to contain its judicial Power to the Constitution. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution…