Uh, yes it is up to them. Christ, this is from Scholastic for shit sake...grade school stuff.
The Supreme Court has a special role to play in the United States system of government. The Constitution gives it the power to check, if necessary, the actions of the President and Congress.
It can tell a President that his actions are not allowed by the Constitution. It can tell Congress that a law it passed violated the U.S. Constitution and is, therefore, no longer a law. It can also tell the government of a state that one of its laws breaks a rule in the Constitution.
The Supreme Court is the final judge in all cases involving laws of Congress, and the highest law of all — the Constitution.
Pointing out yet another problem in this country... public "education".
I suppose, if you were trying to explain the role of SCOTUS to a 3rd grader without having to go into more than a few paragraphs of detail, you could say it as they do here, but this is a gross oversimplification and not entirely true.
The Supreme Court Justices don't wake up in the morning, have a cup of coffee and head off to the old grind with their lunch-pail, where they review all the previous days laws passed by Congress, looking for something to strike down! Ooo... look here, a law that's not Constitutional, we must act to strike this down! ...Not how it works!
The role of the court is to hear cases brought before the court. They do not determine "this law is good" or "this law is bad," they only hear the case before them and their ruling is on whether that case has merit. It's possible, with all the laws enacted, for state legislatures, congress or a president to enact a law which inadvertently violates some constitutional right of someone.
If I were to say... It's the job of NFL referees to decide which players are cheaters... that is not entirely true or accurate. In an over-simplified "3rd-grader" sense, that might be a way to describe what they do... but the NFL ref is not specifically charged with making judgmental decisions on the personal character of the players, they only rule on specific plays and whether or not a rule was violated.
The Supreme Court is the final judge in all cases...
Again... I really don't care how many sources you can find this stated, it's not true. "Final" has a specific meaning (like marriage) and can only mean what it means. In this case, it means nothing else comes afterwards, there is no more recourse. Of course, there is always a recourse to actions of the SCOTUS, just as there is recourse to actions of any branch. We are not ruled by 9 supreme judges. We are free people who govern ourselves.
But thanks... Thank you SO much for demonstrating why we need to remove all liberals from politics in America. It 's this kind of dangerous thinking that destroys the integrity of free society. In my opinion, there is no place in government for people who think the SCOTUS is our supreme ruler. And it's amazing how, as the court has become more liberal in it's rulings, this viewpoint is more popular among liberals.
We all can recall the liberal outrage just a short time back when the decision was rendered in Citizen's United. Now... according to the "final arbiter" view, that's all she wrote... the SCOTUS decision is final, there can be no recourse. However, the week following their landmark decision, Harry Reid intimated that he thought Congress could act to render their decision irrelevant. Because, you see, when Liberals don't get the results they want from SCOTUS, they simply try another avenue. As Nancy Pelosi says, they'll climb over the wall, go around the wall, pole vault over or parachute in... they don't let little things like SCOTUS rulings get in their way. But... now that they've stacked the court with liberals, they don't let the Constitution get in the way either... they simply rewrite the parts they don't like.
After the USSC has ruled a law unconstitutional, is there anyone else to turn to to say that law is constitutional? If not, then yes, they are the final judge. Either the law itself must be changed or the constitution added to in order for the law to be constitutional (or the court to reverse its ruling, but that would still leave them as the final judges). Change the law and it is no longer the same law, so the court was, in fact, the final judge of the constitutionality of the law as it was written. Change the constitution and you change what it means for something to be constitutional, so again, the court was the final judge of the constitutionality of the law under the constitution as it stood.
Perhaps the most telling point is that, if a law is changed after being deemed unconstitutional or a constitutional amendment is added, if there is another challenge to the law, it is the USSC that would make the final ruling about it.
None of this is particularly important to the overall discussion, of course.![]()
Again... it gets us into a more philosophical discussion about what we mean when we say something "is constitutional" ...for instance, in 1860, slavery was constitutional. And we can go through a plethora of events... running indigenous people from their rightful tribal lands and putting them on reservations was constitutional. Interning Japanese Americans was Constitutional... Spying on Americans through the Patriot Act... So obviously things can be "constitutional" and still be a flagrant violation of Constitutional rights defined in the Constitution. The SCOTUS ruling that some thing "is constitutional" doesn't really mean this will forever be the case, or that it doesn't conflict in some other way with another more fundamental and important right.
Nobody ever said that the constitution can't be amended or that how it's interpreted doesn't change.
You made the idiotic claim that they don't determine the constitutionality of law. That's what they do.
Well it's not an idiotic claim if it's the truth. The law IS constitutional, as a matter of being passed into law by the Congress. The SCOTUS only rules whether or not the constitutional law violated someone's constitutional rights. If they find it did, we refer to the law as "unconstitutional" but that is actually a misnomer. The law can't be unconstitutional because it was passed into law by Congress. The law is invalid if the SCOTUS rules it violated someone's constitutional rights. However, SCOTUS can make a ruling and consequently, violate some other constitutional right. I've presented examples for this. A SCOTUS ruling does not mean that all has been set right with the world and is in accord with the Constitution.
Clearly, when SCOTUS ruled that slaves were property instead of human beings with rights... that violated the hell out of the Constitution. The same with their Korematsu decision upholding the interning of Japanese-Americans in WWII. The same with Plessy v. Ferguson. Such is also the argument with regard to Roe v. Wade. The SCOTUS doesn't always "get it right" and their rulings of "constitutionality" are not chiseled in stone.
Actually a Supreme Court ruling cannot by definition violate the Constitution.
The Supreme Court can be wrong- I think the Court was wrong in Citizen's United- but their opinion is still valid- and the reason why the only way to overturn Citizen's United is by a Constitutional Amendment is because the Supreme Court's ruling interprets the Constitution- and once it is interpreted- only another ruling- or a Constitutional Amendment can change it.