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To: kumar who wrote (407976)1/31/2011 5:22:10 PM
From: Bill3 Recommendations  Read Replies (1) | Respond to of 793999
 
Congress does not have unlimited powers. Its powers are enumerated in the constitution.

They passed a law that the constitution gives them no power to pass. The judge ruled it unconstitutional based on a clear reading of the constitution.



To: kumar who wrote (407976)1/31/2011 5:26:53 PM
From: mph5 Recommendations  Read Replies (1) | Respond to of 793999
 
Legislation is challenged all the time. Just because Congress passes laws and the president signs off doesn't mean the law passes constitutional muster or cannot be challenged. That's the whole point of having three branches of government for checks and balances.

Of course, those of the Chuck Schumer mindset do not know that the three branches of government are not simply the House, Senate and President. [I could not believe that Schumer actually said that. These lefties are dumber than even I thought. :-)]



To: kumar who wrote (407976)1/31/2011 5:42:06 PM
From: Alan Smithee2 Recommendations  Respond to of 793999
 
Kumar, the case of Marbury v. Madison is the Supreme Court decision that is generally accepted as establishing the authority of the US Supreme Court to declare an act of Congress unconstitutional.

en.wikipedia.org

Congress acts with powers defined and limited by the Constitution. Just because Congress passes a law and the President signs it does not render the law constitutional. For example, if Congress passed a law that upon arrest by federal authorities one is to be held for 24 months without bail and trial and without benefit of counsel, the law would be clearly unconstitutional. Same with Obamacare's individual mandate.



To: kumar who wrote (407976)1/31/2011 6:25:13 PM
From: Jorj X Mckie10 Recommendations  Read Replies (3) | Respond to of 793999
 
I'll chime in as well.

In the United States there is a different perspective on rights and governmental power. The US Constitution is not about giving rights to the people. Instead, it details which powers the people have given to the government.

If a law is declared unconstitutional, it means that the government has passed a law for which it wasn't given power in the Constitution.