Does the Supreme Court have the authority and power?

Does the Supreme Court have the authority and power to strike down Federal laws?


  • Total voters
    44
Impeachment of members of the SCOTUS is the ONLY check on their power.
The President can increase/decrease the size of the court.
Congress can reduce its jurisdiction to nearly nothing and eliminate the lower courts.
It can also cut their pay.

The President can NOT change the number of Judges, that requires action from Congress.

Don't quote me on this but I looked into this some years ago and if I recall correctly, Congress doesn't have anything to do with it either. I am pretty sure the SCOTUS makes the determination all by themselves. I could be wrong and I am too lazy to look it up right now, but I am pretty sure the SCOTUS itself says how many justices are on it, and it's varied over the years.
 
The President can increase/decrease the size of the court.

I think FDR might disagree with you. He tried desperately to increase the size of the court because they kept striking down his policies. He lost.

Except the Court began finding FDR's programs Constitutional after the Court packing controversy, so in the long run he won, but lost some prestige. The saying at the time was: a stitch in time saved nine.
 
The President can increase/decrease the size of the court.

I think FDR might disagree with you. He tried desperately to increase the size of the court because they kept striking down his policies. He lost.

Except the Court began finding FDR's programs Constitutional after the Court packing controversy, so in the long run he won, but lost some prestige. The saying at the time was: a stitch in time saved nine.

I guess you could look at it that way. It's a valid interpretation.
 
Two people voted NO ?

This country's educational system is in sad shape.

These below thankers agree, can you tell me witch were the two No's, from below?
daveman (Yesterday), editec (Today), syrenn (Yesterday)

Don't you mean "which"? :D

Wait!!! Before you call me a spelling/grammar NAZI. I'm laughing because I do it and catch myself all the time. I wonder how many times, I don't catch myself.

Know for no and vice versa are also ones I catch a lot.

Immie
 
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.

Article III section 1. UNITED STATES CONSTITUTION

While it does not specify that Congress can change the number of Judges at the Supreme Level it clearly states that Congress controls the number of courts and Judge numbers at all other levels. I would suggest that puts the power to change the Supreme with them also.

And no the Congress can not change the Authority that the Supreme Court has it to is listed in the Constitution.
 
Two people voted NO ?

This country's educational system is in sad shape.

These below thankers agree, can you tell me witch were the two No's, from below?
daveman (Yesterday), editec (Today), syrenn (Yesterday)

Don't you mean "which"? :D

Wait!!! Before you call me a spelling/grammar NAZI. I'm laughing because I do it and catch myself all the time. I wonder how many times, I don't catch myself.

Know for no and vice versa are also ones I catch a lot.

Immie

I don't know Immie...I think it's legit to call out someone's grasp of the English language. I mean granted this may not be an English class but it's not like gravity stops working when you leave science class. Just saying. ;)
 
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.

Article III section 1. UNITED STATES CONSTITUTION

While it does not specify that Congress can change the number of Judges at the Supreme Level it clearly states that Congress controls the number of courts and Judge numbers at all other levels. I would suggest that puts the power to change the Supreme with them also.

And no the Congress can not change the Authority that the Supreme Court has it to is listed in the Constitution.

You may very well be right but as I said, I am too lazy right now to actually look up evidence to argue about it. I'm happy to simply concede the point. ;)
 
Hell yes they are! And it's high time for some-push back against the corporatist whores ruing out country.
As I said in another thread, the purpose of the SCOTUS is not to rubber-stamp the President's agenda.

Take a deep breath. I know this is shocking to you.

Perhaps I wasn't clear. Who do you think I'm referring to as 'corporatist whores'? (Hint: read some of my other posts)
I really don't care who you're referring to.
 
Sure they do. And it's a pretty big power.

The question becomes are they doing to sustain the integrity of the Republic by adhering to the Constitution..or are they doing because of cheap and trivial political gain based on party affiliation.

By the way..Congress has an awful lot of power too..as does the executive branch. So when you start the ball rolling on this shit..the risks are pretty high.
"...or are they doing because of cheap and trivial political gain based on party affiliation."

Oh, you mean like everything Democrats do.

There's a huge difference between Democrats and Judges.
Yes. Democrats do what they do because of cheap and trivial political gain based on party affiliation.
 
These below thankers agree, can you tell me witch were the two No's, from below?
daveman (Yesterday), editec (Today), syrenn (Yesterday)

Don't you mean "which"? :D

Wait!!! Before you call me a spelling/grammar NAZI. I'm laughing because I do it and catch myself all the time. I wonder how many times, I don't catch myself.

Know for no and vice versa are also ones I catch a lot.

Immie

I don't know Immie...I think it's legit to call out someone's grasp of the English language. I mean granted this may not be an English class but it's not like gravity stops working when you leave science class. Just saying. ;)

no.. i called riiighty
 
Two people voted NO ?

This country's educational system is in sad shape.

These below thankers agree, can you tell me witch were the two No's, from below?
daveman (Yesterday), editec (Today), syrenn (Yesterday)

Don't you mean "which"? :D

Wait!!! Before you call me a spelling/grammar NAZI. I'm laughing because I do it and catch myself all the time. I wonder how many times, I don't catch myself.

Know for no and vice versa are also ones I catch a lot.

Immie

Waited a little! Now you spelling/grammar NAZI. Gooser! (not the beer Gösser) which witch was of the witch “list” of thanker’s as a witch trainee was in them witch schools of lesser learning’s? One couldn’t grad to a warlock status btw! You NAZI witchcraft trailblazer pig!:D
 
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These below thankers agree, can you tell me witch were the two No's, from below?
daveman (Yesterday), editec (Today), syrenn (Yesterday)

Don't you mean "which"? :D

Wait!!! Before you call me a spelling/grammar NAZI. I'm laughing because I do it and catch myself all the time. I wonder how many times, I don't catch myself.

Know for no and vice versa are also ones I catch a lot.

Immie

Waited a little! Now you spelling/grammar NAZI. Gooser! (not the beer Gösser) which witch was of the witch “list” of thanker’s as a witch trainee was in them witch schools of lesser learning’s? One couldn’t grad to a warlock status btw! You NAZI witchcraft trailblazer pig!:D

You been watching Harry Potter too much lately, haven't you? :razz:

BTW try reading that post three times as fast as you can!

Immie
 
Don't you mean "which"? :D

Wait!!! Before you call me a spelling/grammar NAZI. I'm laughing because I do it and catch myself all the time. I wonder how many times, I don't catch myself.

Know for no and vice versa are also ones I catch a lot.

Immie

Waited a little! Now you spelling/grammar NAZI. Gooser! (not the beer Gösser) which witch was of the witch “list” of thanker’s as a witch trainee was in them witch schools of lesser learning’s? One couldn’t grad to a warlock status btw! You NAZI witchcraft trailblazer pig!:D

You been watching Harry Potter too much lately, haven't you? :razz:

BTW try reading that post three times as fast as you can!

Immie
My shot at a twisted witch twitcher!





BTW I want to fess up! I lied to cover my ass, As I don’t know which key goes to which letters! Grammar check please
BTW2 Harry Potter? Sorry thats a no! I'm scared for myself now. And as to which witch too.
 
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Well I guess that depends on how you look at it. The SCOTUS seized the power of judicial review in Marbury v. Madison and Jefferson just went with it because he was between a rock and a hard place. According to the constitution they are not guaranteed that power...according to tradition they are. Basically, the answer is "yes" they do but not because they are constitutionally guaranteed such power. It's because Chief Justice John Marshall said so and no one bitched.

It is so elementary and your response is, of course, correct. I wonder why others don't understand it? Any high school government book carrys Marbury v. Madison and why it is one, if not the most, famous court case. There is a list of important Court cases in most history or political science texts.
 
Does the court have the authority and power to strike down Federal laws passed by the Congress and signed by the President?
They do if the laws are unconstitutional, imho.


It isn't just an opinion. it is their constitutional duty to strike down and overturn laws that are unconstitutional- NOT to try and figure out how to bypass and ignore the Constitution. They were right when they said this law would permanently change the relationship of the citizen with government, empowering government to control the individual in a manner the system was never designed to do. It essentially turns the individual from a citizen who gives his consent to be governed -to a subject who is ruled over who must do whatever the ruling elite orders them to do -or else. This would immediately nullify the Constitution and throw wide open the door for establishing the authority of government to order citizens to spend their money the way overnment orders them to for ANYTHING since the commerce clause can be perverted to include everything that can be bought. It would essentially strip people of control of their lives and establish us all as government owned property with only the privileges government ALLOWS us to have. And the Bill of Rights just a bad joke.

I'm still waiting for a liberal to explain government's sudden claim to a new power insisting the individual must forfeit control of his own health care decisions, even against his will -when the individual actually has a right to keep total control by cutting out the middleman insurance entirely? In other words, if I choose to pay for my own medical care directly instead of paying far more to a third party than I would choose to pay if paying directly -then where does government get off ordering me to forfeit control of MY health care decisions to a third party against my will? To say nothing of the idiocy of the left pretending eliminating competition would not only lower costs, but moronically insist quality would not only not be negatively affected, it would improve! Really? Name ONE industry where eliminating competition results in lower costs and better quality -and remind me again why we have laws against monopolies? Government regulated monopolies given to utility companies is not done because it results in lower costs and higher quality -it provably does neither. They are given for a different reason that would never apply to medical care.

No way they uphold the mandate and probably throw out the entire law since government argued the mandate could not be severed from the law. In addition, they didn't seem inclined to go through tens of thousands of pages members of Congress who passed it hadn't bothered to read -to try and figure out line by line what could stand without that mandate.

More than 40 years ago a lawyer told me the legal profession had set its sights on medical care as being vulnerable to a take over by lawyers who would gladly destroy the entire system if it meant empowering lawyers. Especially after seeing how quickly power was diverted from both patient and doctor in the UK and believed the same could be one here nearly as fast. We live in a country where the legal profession is ridiculously over represented and can only justify their bloated, useless numbers and spitting out enormous numbers more every year by shifting power to themselves as a "natural" ruling elite and convincing Americans they cannot survive, they cannot provide for hems elves, cannot succeed in life and cannot even be trusted to self govern -unless attorneys are running the show. Their most important success in that was convincing Americans that the founders were wrong and that the common citizen cannot and should rarely hold elected government office and to leave it to lawyers instead. This enabled them to then use the force and power of government to expand their powers from there. I propose an Amendment limiting the number of lawyers allowed to serve in government at any given time along with term limits on every elected office. No one group has done more harm to this nation than career politicians, 98 percent of whom are lawyers. Nothing special about lawyers whatsoever -the fact they are the most over represented occupation tells you how easy it is to get a law degree. Much easier than it is to get any number of other degrees but they are arrogantly convinced they can do anyone's job better than those who do it for a living. That lawyer was off on how long he thought it would take but said it was inevitable because lawyers have no natural predators and no self monitoring or self control, ethics are given meaningless lip service and state bars look for ways to avoid enforcing any notion of holding to ethical practice. The lawyers are the predators who see themselves at the top of the food chain and will be satisfied with nothing less than the power to go with it.

Nice read.. It comes to me that all would need to be following the guidelines (rules) and original spirit (Consto) intent for all this to be happening?
We are a few 100yrs or so down the road at this point and have a short memory I think. Rules as I understand are just a nuisance interfering with agenda’s these days, I don’t know or something like this, who really knows. I’m probably wrong here as I’m a slow learner in all of this stuff and don’t read much. Shit my Bubble Burst! .. Aaah! Hmm? as I was saying. I’m still learning my latest challenges in the area on this whole colorful work in people/person, voter 558 U.S. 08-205 thing is all about. I think it has to do with paper is alive? I am going to check with prolife supporters on this matter. Anyhow I’m riding along the partisanship path these days as how this all works with a little bit of major CONDOM! (Corp-Own-Nine-Deciders-Of-Meaning). Shit just got covered in plastic again feel a little safer now!



Citizens United v. Federal Election Commission
 
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Yes. When there is a “plain showing that Congress has exceeded its constitutional bounds.” United States v. Morrison (2000).

Who stops the court from exceeding theirs? Namely, the fact that the constitution doesn't grant them the power of judicial review?

Where are the checks and balances on the judicial branch?

In the constitution the congress may restrict the court as to what it may rule upon.
Article III section 2 clause 2.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
 
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.

Article III section 1. UNITED STATES CONSTITUTION

While it does not specify that Congress can change the number of Judges at the Supreme Level it clearly states that Congress controls the number of courts and Judge numbers at all other levels. I would suggest that puts the power to change the Supreme with them also.

And no the Congress can not change the Authority that the Supreme Court has it to is listed in the Constitution.
Correct.
But it CAN effectively remove its appealte jurisdiction.
 
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Well I guess that depends on how you look at it. The SCOTUS seized the power of judicial review in Marbury v. Madison and Jefferson just went with it because he was between a rock and a hard place. According to the constitution they are not guaranteed that power...according to tradition they are. Basically, the answer is "yes" they do but not because they are constitutionally guaranteed such power. It's because Chief Justice John Marshall said so and no one bitched.
Blue, I'm a dismal history student and am not certain why Chief Justice Marshall pounded his gavel into the American conscience.

All I know is the United States Congress was told to pass 5 reams of gobbledygook with less than 2 weeks to digest it. In fact, they were prompted to "don't read, just pass..." by the least competent speaker of the House this nation has ever suffered.

Sometimes people just don't care why the Supremes decide between bickering opposites, but at least it shuts up the talking heads.

That seems it would be so nice, although I don't know what they're gonna do. :lmao:
 

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