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Correct me if I am wrong (or naïve), but wouldn't the US Supreme Court strike down a law that violates the Constitution, or at least invalidate it? How can a l

by Svip 14y ago

Correct me if I am wrong (or naïve), but wouldn't the US Supreme Court strike down a law that violates the Constitution, or at least invalidate it? How can a law apply that violates the Constitution? As far as I know, the only thing that repeal or limit an Amendment is another Amendment.

david927 14y ago
That's how it's supposed to work, but it's entirely contingent on nine specially-chosen people seeing it that way.
CurtMonash 14y ago
The Fourth Amendment is in considerable trouble these days. http://fourthamendment.com/blog/index.php?blog=1&title=s_2_1_understanding_fourth_amendment_rea&more=1&c=1&tb=1&pb=1 http://fourthamendment.com/blog/index.php?blog=1&title=s... is a good but depressing overview.
mtgx 14y ago
Maybe. But since US doesn't have a Constitutional Court, and only a Supreme Court, it could take a decade or more before the issue is even brought up, and then accepted by the Supreme Court. In that time the government could do a lot of damage with one law, and when the law is threatened to be declared unconstitutional, they'll just argue for how "useful" that law was in catching criminals, terrorists, etc. It's been done before. Look at FISA. NSA gets a "general warrant" (notion that hasn't even been criticized much yet), to spy on everyone that talks to foreigners online or on the phone...which is what, 90% of the US population? The loophole is incredible. Yet the Senate rushed it through with no debate, until 2017. And then they'll try to rush it through again.
- joshuagross 14y ago
  I question the idea that 90% of the U.S. has foreign ties, but your point (it's absurd) remains. Actually I'd really like to see how much of the population something like FISA actually applies to.
  - lucian1900 14y ago
    I'm pretty sure 90% of US citizens visit foreign websites, which might be enough.
    - Svip 14y ago
      In fact, they are talking to a foreigner right now! (My apologies to any American who have had their lives ruining for talking to me. By their government, that is, not by my own personal malice.)

by Svip 14y ago

david927 14y ago

That's how it's supposed to work, but it's entirely contingent on nine specially-chosen people seeing it that way.

CurtMonash 14y ago

The Fourth Amendment is in considerable trouble these days. http://fourthamendment.com/blog/index.php?blog=1&title=s_2_1_understanding_fourth_amendment_rea&more=1&c=1&tb=1&pb=1 http://fourthamendment.com/blog/index.php?blog=1&title=s... is a good but depressing overview.

mtgx 14y ago

Maybe. But since US doesn't have a Constitutional Court, and only a Supreme Court, it could take a decade or more before the issue is even brought up, and then accepted by the Supreme Court. In that time the government could do a lot of damage with one law, and when the law is threatened to be declared unconstitutional, they'll just argue for how "useful" that law was in catching criminals, terrorists, etc. It's been done before. Look at FISA. NSA gets a "general warrant" (notion that hasn't even been criticized much yet), to spy on everyone that talks to foreigners online or on the phone...which is what, 90% of the US population? The loophole is incredible. Yet the Senate rushed it through with no debate, until 2017. And then they'll try to rush it through again.

joshuagross 14y ago
I question the idea that 90% of the U.S. has foreign ties, but your point (it's absurd) remains. Actually I'd really like to see how much of the population something like FISA actually applies to.
- lucian1900 14y ago
  I'm pretty sure 90% of US citizens visit foreign websites, which might be enough.
  - Svip 14y ago
    In fact, they are talking to a foreigner right now! (My apologies to any American who have had their lives ruining for talking to me. By their government, that is, not by my own personal malice.)