Where does the constitution give federal judges the power to repeal laws?

Discussion in 'Judicial Interpretation' started by ShootSpeeders, Dec 21, 2013.

  1. Moonglow
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    Moonglow BANNED

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    All unconstitutional laws are automatically null and void but a judical review is the only type of ruling they will recognize and comply with.
     
  2. EdwardBaiamonte
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    no, constitution says that all office holders have to preserve protect and defend the Constitution, and that would include supreme court justices. If they see a law that is unconstitutional They in theory must obey the oath they took. Constitution is a great document but it has many flaws the first of which is that it was not clear enough to make liberalism illegal as they intended.

    you might be right though. You could make the separation of powers argument which would hold that the Supreme Court has no right to assume legislative authority by determining many things to be unconstitutional To the point where they in effect control the government.. In that case The president and the legislature will have to remove or impeach justices for not respecting the separation of powers.
     
    Last edited: Jun 4, 2018
  3. WelfareQueen
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    The Court has every right to declare a Law unconstitutional. So dies the Executive and Legislative Branches. However, only one Branch can amend, create, or nullify law and that is the Legislative.
     
  4. EdwardBaiamonte
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    But the Supreme Court can create a law too by simply saying to the legislature this is what we will declare to be constitutional and this is what we will declare to be unconstitutional.
     
  5. Natural Citizen
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    Please find Judicial review for us in Article III. Or anywhere in the Constitution that states that the Supreme Court justices have the authority to rule on the Constitution.

    We'll wait. Thanks!
     
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  6. WelfareQueen
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    All three branches of Government have a co-equal responsibility to consider constitutional questions. The Executive Branch considers constitutional questions every day through DOJ and Federal Law enforcement. The Congress should always consider constitutional questions when formulating Law. Unfortunately they don't which is why The Courts have gained so much Power.
     
  7. EdwardBaiamonte
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    EdwardBaiamonte Platinum Member

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    well the court, like the Congress could elect not to assume so much power and presumably will if it turns conservative .
     
  8. EdwardBaiamonte
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    the oath of office requires all to preserve protect and defend Constitution.
     
  9. Faun
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    So when the Supreme Court rules a law, or part of a law, is unconstitutional, which jurisdiction do you believe can still enforce it?
     
    Last edited: Jun 5, 2018
  10. WelfareQueen
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    The Founders intended that if a Court deems a Law to be unconstitutional it goes back to the Congress to fix the problem. After all....Congress created the problem in the first place.

    The legal term is remediation, and it is the Legislative Branches' job to remediate, not the Courts.
     

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