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Please trust you are fundamentally wrong. If Congress plainly acts within the authority granted it by the constitution, then the judiciary is strictly bound.
by hcurtiss 5y ago
Please trust you are fundamentally wrong. If Congress plainly acts within the authority granted it by the constitution, then the judiciary is strictly bound. Similarly, the judiciary is strictly bound by the constitution. If there is no statutory or constitutional authority, then there is no law to apply, meaning the petitioner has not carried its burden before the court.
- wrycoder 5y agoWould that this was true. That would be an originalist reading. The modern activist SCOTUS is able to find "emanations and penumbras" in the Constitution of which the founders never dreamed. [0] [0] https://en.wikipedia.org/wiki/Griswold_v._Connecticut https://en.wikipedia.org/wiki/Griswold_v._Connecticut
- shadowgovt 5y agoIt is, perhaps, worth noting that the "penumbra" you're describing is the right to privacy, which was never enumerated anywhere in the Constitution.
- hcurtiss 5y agoYes, that decision is so controversial precisely because it's one of the rare instances of the court divining constitutional entitlements that did not previously exist. It is in many ways the exception that proves the rule.