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The Republican SCOTUS feels that it should have completed unchecked power to invalidate any laws or policies to which it is ideologically opposed. Its power has
by ZoomerCretin 3y ago
The Republican SCOTUS feels that it should have completed unchecked power to invalidate any laws or policies to which it is ideologically opposed. Its power has never been checked. It has only ever usurped and expanded its power, and only ever moderated under the threat of being packed. The constitution gives Congress the explicit power to set the jurisdiction of the supreme court, which to my knowledge, has never been used to restrict their power.
The Republican supreme court believes all policy decisions should be left to the legislative branch, not because Congress cannot delegate authority, but because the filibuster completely guarantees that nothing can become law without a 60-vote supermajority in the Senate, which in the current political environment means votes from several members of the hyper partisan Republican party.
It's like all the celebration of George Washington relinquishing power after two terms. "Wow no one has done that before! So progressive!" But he was a property owner, in a country where only property owners could vote, and he knew that only property owners would hold any elected positions in the US government. He knew that the political interests of landowners would take precedence over all others, so why would he care who ran the country? This is the situation with our Congress. Nothing can pass without a supermajority in the Senate, requiring hyper partisan Republicans to give Democrats a win, which they will not do.
- tpmoney 3y agoThe supreme courts power is very clearly checked by congress’ ability to pass legislation. Debt forgiveness can still happen, it just required congress to legislate instead of hoping executive orders can be used to replace legislation.
- nunuvit 3y agoCongress used their constitutional authority to delegate certain decisions to an office administered by the executive branch because they decided they would be ineffective at legislating on the individual issues. The court is replacing that legislation with an injunction forcing Congress to legislate on the individual issues. Congress can eventually legislate a check on judicial overreach, but the damage here is done.