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Any particular law does not exist in a vacuum. It exists within the context of firstly the constitution, and secondly all other statutes and previous court deci
by AmericanChopper 7y ago
Any particular law does not exist in a vacuum. It exists within the context of firstly the constitution, and secondly all other statutes and previous court decisions.
Supreme Court justices have the authority to determine the constitutionality of a law, and they have the authority to determine how a law should be interpreted in a given case (with essentially unlimited discretion for applying their own judicial ideology).
However, they have no authority whatsoever to determine the social merit of a law. The legislature has the sole authority to legislate, and the constitution prohibits either of the other branches from usurping that power. It is far beyond the jurisdiction of the Supreme Court to determine the merit of a law in any way other than its constitutionality.
Anybody who expects the Supreme Court to act as a safe guard against otherwise constitutional law, that they simply don’t like, is undermining the separation of powers detailed in the constitution, and will be sorely surprised when they find out that’s not what the Supreme Court does.