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Congress basically has all the power. They could just tell SCOTUS to piss off. Maybe that's why so many people are happy to see the gridlock and dysfunction.
by rootusrootus 3y ago
Congress basically has all the power. They could just tell SCOTUS to piss off. Maybe that's why so many people are happy to see the gridlock and dysfunction. Heaven help us if too many congresspeople really agree on something.
- ceejayoz 3y ago> Congress basically has all the power. They could just tell SCOTUS to piss off. No? If SCOTUS says a law is unconstitutional, you’re either in amendment territory, or the complete collapse of the American system if Congress and the Executive ignore them.
- rootusrootus 3y agoWho gave SCOTUS the power of judicial review? SCOTUS did. Not the Constitution. In fact, the Constitution grants Congress wide ranging power over the court. The idea that the three branches are co-equal is a popular myth. Congress definitely has more power than either the executive or the judicial branch. Which of course is exactly what you'd expect given that the power of the people is manifested primarily through the legislature. If Congress wants, they can write legislation and then simultaneously exclude it from judicial review.
- ceejayoz 3y agoThe Constitution is meaningless in that scenario. The Founding Fathers weren’t that dumb.