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> But, the judicial branch sure tells the legislative branch no far more often than the reverse The court does not really interact with the legislature directl
by fennecfoxen 5y ago
> But, the judicial branch sure tells the legislative branch no far more often than the reverse
The court does not really interact with the legislature directly, to say Yes or No. The court interprets a body of laws, and won’t have an opinion on the validity of a law except insofar as it is in conflict with another law (such as the Constitution, or state laws in conflict with federal ones, or maybe just one law that’s inconsistent with itself).
Moreover, a the key function of the Supreme Court of the United States specifically is to resolve conflicts in interpretation in law in the lower circuit courts (as is relevant to actual ongoing disputes). If the law is clearly invalid, a lower court can decide that.
So yeah, if the law is obviously valid or uncontroversial, or even if it’s obviously invalid, chances are there’s just not any case brought before the Supreme Court. That’s just the default. They don’t affirm the validity of laws that often because most valid laws aren’t really challenged there.