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Wait, so congress can throw away promises at its whims that was supposed to last until perpetuity? And SC will be fine with that as long as promise was thrown a
by sytelus 6y ago
Wait, so congress can throw away promises at its whims that was supposed to last until perpetuity? And SC will be fine with that as long as promise was thrown away explicitly?
- icelancer 6y agoSCOTUS does not rule on your second question. The first is a well-known flaw in American government, which Gorsuch quashed with his opinion. Effectively, it reads: Congress, this is your problem, not ours.
- jlg23 6y agoThat's exactly what courts are for: Application of laws created by the legislative. And yes, the SC should be fine with whatever congress does as long as laws are obeyed in the legislative process itself.
- 74ls00 6y agoThat’s what it means for a legislature to be sovereign — you kind of need the ability for future people to reverse past decisions to have a functioning democracy
- simonh 6y agoWe have this principle here in the UK as well. No parliament can ever be constrained in it's actions by any previous parliament. This came up in the Brexit controversies when the government tried to mandate an exit date as being immutable by future legislation, but the Speaker wouldn't have it. In that case some Brexiteers cried foul that it was overreach by the Speaker, but of course such a weapon could equally be used to make our membership of the EU irrevocable. It's a sound principle.