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

[JakeStarkey]

Because SCOTUS, not folks like you, make those decisions.

 

[RetiredGySgt]

Article III gives to the Courts the power of review by allowing them to Judge the acts of Congress and the executive. There would be no need for a court to have legal power over the Government if they did not have said power.

Judicial review in the United States - Wikipedia, the free encyclopedia

 

[bigrebnc1775]

The very first words of the constitution after the preamble are

All legislative powers herein granted shall be vested in a congress of the united states

Writing laws and repealing laws are legislative powers and yet federal judges are constantly declaring laws unconstitutional and repealing them and sometimes even writing a new law in its place!

The supreme court can't repeal a law. They can in their opinion rule it unconstitutional. It's up to congress to repeal it.

 

[JakeStarkey]

Just so.

 

[bigrebnc1775]

I must be wrong jake starkey thanked me

 

[WelfareQueen]

Article III gives to the Courts the power of review by allowing them to Judge the acts of Congress and the executive. There would be no need for a court to have legal power over the Government if they did not have said power.

Judicial review in the United States - Wikipedia, the free encyclopedia

I've read the article. Funny, you missed the section that talks about objections to judicial review. I guess you only wanted to hear one side of the argument.

 

[JakeStarkey]

There are objections and always have been to judicial review, just not convincing ones, at least not to SCOTUS.

And bigrebnc, like a broken clock, can be correct at times.

 

[WelfareQueen]

The very first words of the constitution after the preamble are

All legislative powers herein granted shall be vested in a congress of the united states

Writing laws and repealing laws are legislative powers and yet federal judges are constantly declaring laws unconstitutional and repealing them and sometimes even writing a new law in its place!

The supreme court can't repeal a law. They can in their opinion rule it unconstitutional. It's up to congress to repeal it.

You're right, the Supreme Court has no authority to repeal law. The act of declaring a law unconstitutional has the same effect. It is called judicial nullification. When a law is declared unconstitutional, the Legislative Branch does not then repeal the Law. It is de facto interpreted to be null and void. This is wrong. This is the Legislative Branch punting the football. It is cowardly, which is why judicial nullification has been allowed to exist.

All three Branches of Government are independent and co-equal. The Legislative Branch has just as much responsibility to interpret the Constitution as the Judicial Branch. No one Branch of Government can usurp the other.

The Judicial Branch is usurping the will of the people in declaring a law unconstitutional, and is usurping the Legislative Branch of Government. This is not allowed or advisable under our system of Government.

 

[C_Clayton_Jones]

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

It doesn’t.

It does, however, give Federal courts the authority to invalidate any law determined to be un-Constitutional.

And that can be found in the following locations in the US Constitution:

Article III, Section 2

Article VI

WILLIAM MARBURY v. JAMES MADISON, Secretary of State of the United States. | Supreme Court | LII / Legal Information Institute

William G. COOPER et al., Members of the Board of Directors of the Little Rock, Arkansas Independent School District, and Virgil T. Blossom, Superintendent of Schools, Petitioners, v. John AARON et al. | Supreme Court | LII / Legal Information Instit

 

[C_Clayton_Jones]

Article 3 Section 1&2:

"Section 1.

The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

Section 2.

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;

Article III | LII / Legal Information Institute

Hey stupid. We've explained this to you before. Writing laws and repealing laws are NOT judicial powers. They belong to congress, as the constitution says.

And no one’s stated otherwise.

When the courts invalidate a law it remains on the books, in effect, but not enforceable.

 

[ShootSpeeders]

Because SCOTUS, not folks like you, make those decisions.

Hey stupid. You have to show where the constitution gives them the authority. The court can't just announce that they have the power to repeal laws. THINK, you hatefilled miserable wretch.

 

[ShootSpeeders]

[
The supreme court can't repeal a law. They can in their opinion rule it unconstitutional. It's up to congress to repeal it.

The way things are now, ruling it unconstitutional is the same as repeal and that needs to change.

 

[ShootSpeeders]

There are objections and always have been to judicial review, just not convincing ones, at least not to SCOTUS.

Of course not to scotus, you idiot. The judges gave themselves the power to repeal laws and they will fight any attempt to take it away.

 

[bigrebnc1775]

[
The supreme court can't repeal a law. They can in their opinion rule it unconstitutional. It's up to congress to repeal it.

The way things are now, ruling it unconstitutional is the same as repeal and that needs to change.

You do have a point.

 

[bodecea]

The very first words of the constitution after the preamble are

All legislative powers herein granted shall be vested in a congress of the united states

Writing laws and repealing laws are legislative powers and yet federal judges are constantly declaring laws unconstitutional and repealing them and sometimes even writing a new law in its place!

First of all...you need to look up the definition of "repeal". Courts don't repeal laws....Legislatures do.

Courts may strike down laws as unConstitutional.

And yes...there is a difference.

 

[bodecea]

Fuck dem judges brah. Checks n balances are for pussies.

Hey stinky-butt. Who acts as a check on our unelected Supreme Court?

You answered your own question, you know.

They are unelected because they are selected by the President (Executive Branch) and approved by the Senate (Legislative Branch).

 

[bodecea]

The far right reactionaries with their radical anti-American agenda have never read Article III.

They forget we are a Republic not a Democracy.

Has anyone else told you what a jerk you are?

What a fine answer on point.

 

[RetiredGySgt]

Fuck dem judges brah. Checks n balances are for pussies.

Hey stinky-butt. Who acts as a check on our unelected Supreme Court?

You answered your own question, you know.

They are unelected because they are selected by the President (Executive Branch) and approved by the Senate (Legislative Branch).

And Congress has oversight.

 

[WelfareQueen]

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

It doesn’t.

It does, however, give Federal courts the authority to invalidate any law determined to be un-Constitutional.

And that can be found in the following locations in the US Constitution:

Article III, Section 2

Article VI

WILLIAM MARBURY v. JAMES MADISON, Secretary of State of the United States. | Supreme Court | LII / Legal Information Institute

William G. COOPER et al., Members of the Board of Directors of the Little Rock, Arkansas Independent School District, and Virgil T. Blossom, Superintendent of Schools, Petitioners, v. John AARON et al. | Supreme Court | LII / Legal Information Instit

The Court has no authority under the Constitution to "invalidate" law. There are only three approved remedies for bad Law under the Constitution.


1. Presidential Veto which must be over-ridden by a 2/3 majority of Congress.


2. Vote the bastards out the passed the bad Law.


3. Allow the Legislative Branch to repeal, amend, or pass new law as this is the only Branch of Government that has that authority.


All three Branches of Government are co-equal in considering Constitutional questions. The Judicial Branch has no more authority to consider Constitutional questions than any other Branch. The unconstitutional travesty that is judicial review exists only because the Executive and Legislative Branches and surrendered their mandated oversight of Constitutional questions.

The Legislative Branch of Government should be strongly considering Constitutional questions when formulating law. The fact the Congress is not adequately doing their job does not mean it gets to be punted to be Judiciary to decide which laws are valid and which laws are not valid. That is not their role...it has never been sanctioned by We the People...and it is unconstitutional.

 

[JakeStarkey]

Because SCOTUS, not folks like you, make those decisions.

Hey stupid. You have to show where the constitution gives them the authority. The court can't just announce that they have the power to repeal laws. THINK, you hatefilled miserable wretch.

I don't have to do anything of the sort. Tell SCOTUS you think they have it wrong. And your hateful language only shows your meltdown.