24
   

How (and when) will the Government Shutdown end?

 
 
livinglava
 
  0  
Reply Sat 25 Apr, 2020 10:48 am
@bobsal u1553115,
bobsal u1553115 wrote:

That's the job of most courts, but that's not the job of the SCOTUS. it rules on the Constitutionality of any law and/or the enforcement. SCOTUS has also made rulings and contra-ruled those rulings later like the Dred Scott ruling and 2nd amendment rulings that have changed back and forth several times.

I'm not looking to amend the second amendment, I looking for laws that clearly triggers 25th amendment provisions that would pass a challenge in front of SCOTUS if a challenge somehow got past Federal Appeals Courts.

The Supreme Court is supposed to arbitrate challenges to the law by honoring the constitution.

There's a difference between upholding the spirit of liberty and pushing it as far as possible in the direction of authoritarianism.

Of course, if the people and private sector are abusing liberty, maybe they don't deserve as much.

But then again, what if governmental interests are pushing the private sector and the people toward confusion about (and thus abuse of) liberty in order to justify moving government in a more authoritarian direction?
bobsal u1553115
 
  2  
Reply Sat 25 Apr, 2020 12:00 pm
@livinglava,
Quote:
The Supreme Court is supposed to arbitrate challenges to the law by honoring the constitution.


They arbitrate very, very little to nothing past rejecting a case and suggesting the lower court rulings. They rule on the Constitutionally on laws ane enforcement of laws based on the Constitution.

"The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States of America. It has ultimate (and largely discretionary) appellate jurisdiction over all federal and state court cases that involve a point of federal law, and original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party".[2] The Court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law.[3] However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Court may decide cases having political overtones, but it has ruled that it does not have power to decide non-justiciable political questions"

https://en.wikipedia.org/wiki/Supreme_Court_of_the_United_States


livinglava
 
  -1  
Reply Sat 25 Apr, 2020 12:03 pm
@bobsal u1553115,
bobsal u1553115 wrote:

Quote:
The Supreme Court is supposed to arbitrate challenges to the law by honoring the constitution.


They arbitrate very, very little to nothing past rejecting a case and suggesting the lower court rulings. They rule on the Constitutionally on laws ane enforcement of laws based on the Constitution.

If a case comes before them which justifies overturning a lower-court ruling, that effectively nullifies that law as being unconstitutional.

If they uphold a lower-court ruling, it provides a precedent for the law having been constitutionally tested.

Quote:
"The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States of America. It has ultimate (and largely discretionary) appellate jurisdiction over all federal and state court cases that involve a point of federal law, and original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party".[2] The Court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law.[3] However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Court may decide cases having political overtones, but it has ruled that it does not have power to decide non-justiciable political questions"

https://en.wikipedia.org/wiki/Supreme_Court_of_the_United_States

Thanks for posting this.
0 Replies
 
 

Related Topics

Obama '08? - Discussion by sozobe
Let's get rid of the Electoral College - Discussion by Robert Gentel
McCain's VP: - Discussion by Cycloptichorn
McCain is blowing his election chances. - Discussion by McGentrix
Food Stamp Turkeys - Discussion by H2O MAN
The 2008 Democrat Convention - Discussion by Lash
Snowdon is a dummy - Discussion by cicerone imposter
GAFFNEY: Whose side is Obama on? - Discussion by gungasnake
 
Copyright © 2020 MadLab, LLC :: Terms of Service :: Privacy Policy :: Page generated in 0.03 seconds on 07/03/2020 at 11:42:54