Excuse me, but I must rant about a freeper!

[freetobegay]

I was in a discussion about the 2000 Presidential election when someone brought up that Gore was not successful in stealing the election! Of course I was not going to let this one go by then I laid it out very plain & clear how the election was stolen in Florida for Bush.

I was the accused of being a whiner & blaming the whole election on Florida & that I should not try to rewrite history because I'm not good at it.

I then laid out the case why it shouldn't have gone to the U.S. Supreme court & of course was told that the only decision they got right since 2000!

Then the discussion of House bill H.R.3920 came up (this bill basically says that Congress can overturn a Supreme Court decision).
I was told that Congress has alway had this power they just want it in writing.

I am ready to go postal! I cannot even begin to see where their reasoning comes from. These people really scare me & how they think. I am beginning to the it is a cult!

[Vickers]

1. Shhhhhhh, there now, drink this kool-aid

You'll feel much better.

Is it a cult? Of course it is.

[tritsofme]

2. Judicial review exists only because the Court says it does,

I don't know what would happen if Congress told them it doesn't.

It is a topic of reasonable debate because there is really no cut and dry answer.

Other than that, he sounds like an idiot. ;)

[wryter2000]

4. Marbury v. Madison

I don't think anyone has ever seriously challenged that ruling. It's pretty much accepted as the law of the land. It's entirely possible that you know more about that than I do, though. :)

[tritsofme]

5. Marbury is basically the Court asserting a right that is not written in

the Constitution, but has since become accepted and embraced as part of our system of checks and balances.

It becomes interesting however to ponder what would happen if this proposed bill is signed into law, and the SCOTUS rules it unconstitutional, and then the Congress, acting under its new power from that law invalidates the ruling.

Still, I don't think judicial review is being seriously challenged, and I never expect to see the scenario above play itself out.

[tritsofme]

6. bump for an interesting topic

nt

[GoBucksBeatBush]

3. congressional power depends on...

what the SCOTUS decision is...if the decision was based on a statute's interpretation, etc. then yes, Congress already has the power to overturn the SCOTUS simply by passing legislation that does so (and they'll pack the record of the bill with statements that they're deliberately passing this bill to override a SCOTUS decision). however, if the issue is whether something is constitutional or not, Marbury v. Madison in 1803 established that only the Supreme Court would rule on constitutionality of things, and that they reserve that power for themselves...based on that, if the SCOTUS declares an act unconstitutional, no Congress does NOT have the power to override that. they can pass different legislation aimed at the same eventual goal (if it was the language of the unconstitutional legislation that was the problem, and not the goal) but they can't simply say "we think the SCOTUS got it wrong, so we're declaring this other law to be constitutional." anything passed by Congress reserving that extensive of power for Congress will be shot down quicker than a captive quail on a Scalia/Cheney hunting trip.


other than that...fuck 'em. if they've gone that far into the abyss, there's little hope of pulling them out (i've found).

[cheezus]

8. Um, the executive controlls the military

so if there is a power struggle, they'll be the ones coming out on top

[immoderate]

7. Tritsofme poses an interesting conundrum

Judicial review appears to be a bootstrap operation. SCOTUS has this power because it said it does. And so far nobody has said it doesn't.

If Congress decides to trump that, who would settle the dispute? Can you say Constitutional crisis?

--IMM