3 ms·
I have a better example to ponder. Imagine the claim is that the constitution says X, the statute says not-X, and the court rules ABCD and a pony. How exactly
by vkou 3y ago
I have a better example to ponder.
Imagine the claim is that the constitution says X, the statute says not-X, and the court rules ABCD and a pony.
How exactly do you prevent that sort of thing? What mechanism could do so?
If you can think of one, I'll note that it can likewise be applied to the scenario you described. If you can't, then I'll argue that the court's power is... Quite open-ended, with no limits on it.
- dataflow 3y ago> How exactly do you prevent that sort of thing? What mechanism could do so? You don't prevent it, you deal with it after the fact. If Congress finds the court ruling egregious enough it obviously has mechanisms to deal with it. Like by impeaching justices, installing new ones, etc. And if for whatever reasons those aren't options, well, then there is no recourse. Regardless, even if the court's power were unlimited, this is not answering my question or addressing my point regarding judicial review...