Skylar
Diamond Member
- Jul 5, 2014
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Claiming that the Judicial Power doesn't include the authority to rule against a law is like claiming that the Executive Authority to enforce the law doesn't include the authority to arrest anyone.
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HAHA. What a ridiculous analogy. Time for you to admit you don't have the evidence. The constitution does NOT give the courts authority to repeal laws by declaring them unconstitutional. It's a power they simply granted themselves. In fact, the tenth amendment gives the power to the states.
Obviously it does. The judicial power includes the authority to rule against a law. My analogy is spot on. As the Federalist Papers make crystal clear:
The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
Federalist Paper 78
Not only does the judicial power include the power to rule against a law, it was always meant to.
Unless you think you know better than the Federalist Papers. Again, Speed.....there's a reason you lost this issue.