View Court
Why does the Supreme Court declare to have a monoply view of the Constitution?
Congress and the President can refuse to appropiate money for the Supreme Court if they refuse to abide by the Constitution and Bill of Rights.
BDZot,
I did take High School Government and I took classes at Pitt in Constitutional Law but I don't agree with it.
If Congress can refuse to appropiate the court system then the Supreme Court opinions don't have any value because Congress would be saying "you're fired" esp if the Supreme Court view of the Constitution doesn't match Congress.
They can also impeach them for not abiding by what they are sworn to do, uphold the Constitution. It doesn't have a monopoly according to the Constitution, however over the years and through case law the interpretation has changed. Those who supported the idea that the Supreme Court was the last word thought that the legislators who wrote laws shouldn't also interpret them.
Each branch of government was set up to be equal, not to have power over one or the other. It is sad that in laws schools now they only teach case law and not the Constitution or it's original intent found in the writings of the Founder's.
Read Madison V Marbury summery.
The concept was also laid out by Hamilton in Federalist No. 78:
“ If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered, that this cannot be the natural presumption, where it is not to be collected from any particular provisions in the Constitution. It is not otherwise to be supposed, that the Constitution could intend to enable the representatives of the people to substitute their will to that of their constituents. It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It, therefore, belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.[12
"In support of this position Marshall looked to the nature of the written Constitution—there would be no point of having a written Constitution if the courts could just ignore it. "To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained"
99% of what Congress does is un-Constitutional. Too bad most of them have not bothered to read or understand it.
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