On 11/20/2013 5:14 PM, Russell Standish wrote:
There is always the possibility that the lawmakers (in this case
congress) will create a law that is fundamentally in
contradiction with the established corpus of constitutional law. It is
only right that there exists a body whose role it is to test that. In
our country, it is the High Court - my guess is that the Supreme Court
is the equivalent in the USA. A similar arrangement presumably exists
in other democracies, and is essential for good government, so get
used to it.

A good summary Russell. It was not explicitly anticipated by the authors of the U.S. Constitution that the Supreme Court might rule a law unconstitutional, but they may well have considered it implicit in the function of courts. In fact, any court can find a law unconstitutional; and that's binding in their jurisdiction until overturned by some higher court. The executive branch is no different. A President can (and has) said this or that law is unconstitutional and I'm not going to honor it. Every federal officer is sworn to uphold the Constitution.

Since the U.S. was founded, many other democracies have provided explicitly for judicial review of laws. I believe that in France a law is reviewed before it is finally passed - thus giving the court even more power than in the U.S. where the court has to wait for a case to be brought to it.

Brent


The High court cannot create law, so does not "rule the country", but
it can review law for consistency, particularly with the
constitution. In our country, the constitution can only change by
referendum, which succeeds only very rarely.

In the event of a standoff between the lawmakers and the law
interpreters, we have a third arm of the government (essentially an
extension of the monarchy) that has the power to fire or veto. This
role is in essence held by the US president, although with some
differences, it would seem, given the government shutdown just experienced.


On Wed, Nov 20, 2013 at 04:20:00PM -0500, Richard Ruquist wrote:
Chief Supreme Court Justice Marshall usurped the Constitution
when he maintained that the Supreme Court had the right to rule
laws made by Congress and signed by the President unconstitutional.
As a result the USA is essentially ruled by the Supreme Court

  There is no provision in the US Constitution for this right.
Congress instead has the right to regulate the Supreme Court,

Ie.:

ARTICLE III

    - 
Text<http://www.law.cornell.edu/constitution/articleiii?quicktabs_10=0#quicktabs-10>
    - Learn 
More<http://www.law.cornell.edu/constitution/articleiii?quicktabs_10=1#quicktabs-10>

SECTION 1.

The judicial power of the United States, shall be vested in one Supreme
Court, and in such inferior courts as the Congress may from time to time
ordain and establish. The judges, both of the supreme and inferior courts,
shall hold their offices during good behaviour, and shall, at stated times,
receive for their services, a compensation, which shall not be diminished
during their continuance in office.
SECTION 2.

The judicial power shall extend to all cases, in law and equity, arising
under this Constitution, the laws of the United States, and treaties made,
or which shall be made, under their authority;--to all cases affecting
ambassadors, other public ministers and consuls;--to all cases of admiralty
and maritime jurisdiction;--to controversies to which the United States
shall be a party;--to controversies between two or more states;--between a
state and citizens of another
state<http://www.law.cornell.edu/constitution/amendmentxi>;--between
citizens of different states;--between citizens of the same state claiming
lands under grants of different states, and between a state, or the
citizens thereof, and foreign states, citizens or subjects.


On Wed, Nov 20, 2013 at 3:35 PM, John Mikes <jami...@gmail.com> wrote:

Telmo wrote:



*"I admire the US constitution too. In fact, my political position is
essentially to follow it (although I like to imagine possibilities for 
**peaceful
world with further increases in freedom)*."

Which Constitution? the one epoch-opening chef-d'oeuvre based on
modernized medieval ideas of those well educated smoking-duelling
slave-owner male chauvinist Forefathers,
who just did not want to pay taxes to the King of England, or the later
"amended" versions of the same obsolete construct making it into a
gun-toting killer - corrupt, faith-ruled money-monger (with SOME
exceptions, thank you).

  I join you in admiring the original one - as a relic, an innovation
historical masterpiece FOR THE 18th CENTURY. Not for the 21st.
My admiration stopped short when I realized the outcome:
a 'special-interest money'-ruled anti-democratic conglomerate, *governing*a so 
called government into committing crimes (international and domestic)
originally excluded
from it's 'modus (regulatio) vivendi'.

How can you imagine a 'peaceful' world with capitalistic (I call it:
econo-feudalistic) principles, imperialistic (oil?) wars and forcing own
interest on other countries? (Not to
mention the availability of all level governance for enough money).

JM

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