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As much as I've been deeply unsatisfied with a lot of SCOTUS decisions in the past few years, I have to agree with you completely that it is the legislative bra

by xp84 3y ago

As much as I've been deeply unsatisfied with a lot of SCOTUS decisions in the past few years, I have to agree with you completely that it is the legislative branch which "should" have resolved nearly all the high-profile (and possibly even medium-profile) cases that have been brought to the court, by passing actual laws. Should we have (abortion, vote by mail, immigration, etc etc)? Yes the answers are controversial, but this stuff is too important to leave to a committee of unelected judges to speculate about what long-dead founding fathers wanted. We have current, real-life representatives, in theory, who could pass laws reflecting what we want, in theory. In reality the legislative branch is what's very broken.

jquery 3y ago
The legislative branch can't heal itself, how do you get Wyoming to give up its power to cancel out California's? Also, we have the 14th amendment, which basically bars discrimination. The Constitution is the super legislature and it's up to the Supreme Court to keep it that way by making sure states can't turn women or sexual minorities into second or third class citizens. Which they are currently doing.
- yieldcrv 3y ago
  the court cant take over because the legislative branch is paralyzed though we obviously don't have checks and balances to prevent that, aside from judges that chose not to … like we currently have is this really a uniquely “republican” stance right now? as opposed to just driving people away from partisans at all, because I’m in the latter camp and wont support modifying a view just to help a party consolidate power
dragonwriter 3y ago
> As much as I've been deeply unsatisfied with a lot of SCOTUS decisions in the past few years, I have to agree with you completely that it is the legislative branch which "should" have resolved nearly all the high-profile (and possibly even medium-profile) cases that have been brought to the court, by passing actual laws. Most of the high profile cases are: (1) Questions about the meaning of the laws actually passed, and (2) Questions about the Constitutional power of one or another branch or level of government. These classes of questions share the feature that Congress cannot resolve them by passing a law. (At least, if it tries to in thebfiret case, that sets up an infinite regression of laws to pass.)
- s1artibartfast 3y ago
  (1) certainly can be addressed by passing a law. Laws can be and are updated to add clarity or cover unforeseen circumstances all the time.

by xp84 3y ago

jquery 3y ago

The legislative branch can't heal itself, how do you get Wyoming to give up its power to cancel out California's? Also, we have the 14th amendment, which basically bars discrimination. The Constitution is the super legislature and it's up to the Supreme Court to keep it that way by making sure states can't turn women or sexual minorities into second or third class citizens. Which they are currently doing.

yieldcrv 3y ago
the court cant take over because the legislative branch is paralyzed though we obviously don't have checks and balances to prevent that, aside from judges that chose not to … like we currently have is this really a uniquely “republican” stance right now? as opposed to just driving people away from partisans at all, because I’m in the latter camp and wont support modifying a view just to help a party consolidate power

dragonwriter 3y ago

> As much as I've been deeply unsatisfied with a lot of SCOTUS decisions in the past few years, I have to agree with you completely that it is the legislative branch which "should" have resolved nearly all the high-profile (and possibly even medium-profile) cases that have been brought to the court, by passing actual laws. Most of the high profile cases are: (1) Questions about the meaning of the laws actually passed, and (2) Questions about the Constitutional power of one or another branch or level of government. These classes of questions share the feature that Congress cannot resolve them by passing a law. (At least, if it tries to in thebfiret case, that sets up an infinite regression of laws to pass.)

s1artibartfast 3y ago
(1) certainly can be addressed by passing a law. Laws can be and are updated to add clarity or cover unforeseen circumstances all the time.