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Pastimes : The Boxing Ring Revived -- Ignore unavailable to you. Want to Upgrade?

To: Lane3 who wrote (6755)	7/9/2003 7:27:48 PM
From: The Philosopher	Read Replies (1) \| Respond to of 7720

I don't get why you don't get that it's the SC's job to tell the legislature when they're out of line constitutionally I get that. But that's a very different thing from taking affirmative actions that the legislature won't take. I agree that the SC has taken on itself (though I don't agree that the Constitution gave them the original power to) the job of telling the legislature when they have done things that five justices think are unconstitutional (even though 200+ representatives and 50+ senators DID conclude, by voting for it, that it was constitutional). So I accept that under present law, the SC can undo acts of the legislature that it has passed. What I do NOT accept is that the SC has the right to enact laws that the legislature has chosen not to enact. That's a very different thing, IMO. That requires political action and legislative action, which is NOT the province of the Court, IMO. If the legislature disagrees, they can always pass a constitutional amendment to clarify the constitution in their favor. It's not like the SC has the absolute last word. Actually, only the States can pass a constitutional amendment, Congress can't. Congress can propose, but the states have to enact. And the reality is that the SC does have the last word. I don't know of a single constitutional amendment that was enacted specifically to overturn a SC decision. Do you? It may be theoretically possible, but you and I both deal in the real world, not in the world of the forms. And in the real world. it's not gonna happen.