On 11/21/2013 1:50 AM, Bruno Marchal wrote:
On 20 Nov 2013, at 22:20, 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,

The supreme court has judged the NDAA 2012 anti-constitutional. But apparently this has changed nothing. I don't find information on this. Some sites on this have just disappeared.

It changed nothing because it didn't happen. First, the NDAA authorizes the defense budget and other things. The Supremes would not have found it "anti-constitutional". The controversial provision you may be thinking of was clause that affirmed the Presidents power to detain people without trial as set out in the 2001 resolution following the 9/11 attack. The ACLU has challenged this provision and a case was brought in 2012, Hedge v Obama. A district court ruled that the indefinite detention provision was unconstitutional and gave an injunction against its use. This went up through the layers of appeals courts. The Supreme Court threw out the injunction on the grounds that the plaintiffs lacked legal standing to bring the case - and so in effect upheld the law without actually ruling on whether or not it is constitutional.

This is an aspect of U.S. law inherited from English law, that only persons who are actually harmed by a law can challenge it in court. More modern democracies, seeing the importance of the U.S. Supreme Court in being able to nullify unconstitutional laws, have explicitly provided for court review of laws without there having to be a plaintiff and a case.


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