If I were on the Supreme Court

[Vigilante]

The Supreme Court should NOT be the final arbiter! It should be the ELECTED Congress, and not 9 biased, and unelected men and women. Rule on Constitutionality as it was meant to be, BUT ABSOLUTELY NO changing Congressional law, that is what Congress does! Send it back to Congress to repair, or alter!

A law found to be unconstitutional is dead immediately. The court issues it's opinion why and congress then has the option to use that opinion to craft new laws. Allowing unconstitutional laws to stand until congress takes action means they could stand for years and reduce the supreme court to a mere advisory panel for congress who could simply be ignored. Congress already has constitutional lawyers and they should know better, if they want to prevent judicial review then they should quit drafting laws on shaky legal grounds that end up in court.

What is changing a PENALTY to a TAX have to do with the Supreme court? If it wasn't right, they should have sent it back, instead of taking it upon themselves to LEGISLATE, which is not their function

 

[occupied]

The Supreme Court should NOT be the final arbiter! It should be the ELECTED Congress, and not 9 biased, and unelected men and women. Rule on Constitutionality as it was meant to be, BUT ABSOLUTELY NO changing Congressional law, that is what Congress does! Send it back to Congress to repair, or alter!

A law found to be unconstitutional is dead immediately. The court issues it's opinion why and congress then has the option to use that opinion to craft new laws. Allowing unconstitutional laws to stand until congress takes action means they could stand for years and reduce the supreme court to a mere advisory panel for congress who could simply be ignored. Congress already has constitutional lawyers and they should know better, if they want to prevent judicial review then they should quit drafting laws on shaky legal grounds that end up in court.

What is changing a PENALTY to a TAX have to do with the Supreme court? If it wasn't right, they should have sent it back, instead of taking it upon themselves to LEGISLATE, which is not their function

Do not forget that they were the end result of a calculated gambit kill a law that congress was unable or unwilling to change. They did not just butt into the process out of nowhere. Again, making the court do things the congress cannot out of being dysfunctional is a gamble, conservatives should quit bitching when they lose in a wager they rushed to make.