View single post by ebg
 Posted: Fri Apr 13th, 2012 11:34 pm
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Joined: Fri Apr 13th, 2012
Posts: 22

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Texas Defender wrote:

  Your last posting only confirmed to me my fear that I was wasting my time trying to explain the Constitution and separation of powers to you.

  Even at my advanced age, it is difficult for me to imagine that citizens of this country could be so ill-informed that they don't understand the functions of the Judicial Branch in general, and the Supreme Court in particular. Obviously, there is something about the:"SUPREME" in Supreme Court that you don't understand.

  Supreme Court decisions are RULINGS, not simply: "Opinions." To help you grasp this concept, I'm providing a link to a site that explains the role of the Supreme Court to school children.

Role of the Supreme Court |

  Since I have no confidence that you will read it before firing off another posting, I'll quote the first few lines of it:

  "The Supreme Court has a special role to play in the United States system of government. The Constitution gives it the power to check, if necessary, the actions of the President and Congress. It can tell the President that his actions are not allowed by the Constitution. It can tell Congress that a law it passed violated the U.S. Constitution and is, therefore, no longer a law. It can also tell the government of a state that one of its laws breaks a rule in the Constitution. The Supreme Court is the FINAL (my emphasis) judge in all cases involving laws of Congress, and the highest law of all: The Constitution."

  There is no such thing as: "Majority rule" among the branches when it comes to interpretation of the Constitution.

  As for the Preamble, it is the introduction that says what the larger document is about. That is all it is. It does not make laws or confer powers, but you seem to want to make it more than it is. As usual, you show nothing to substantiate such a position except for your: "Interpretation."

  This is my final response to you regarding what you have posted on this thread. I see no benefit in continuing to try to explain the Constitution and the functions of the branches of the government to one who shows such a profound lack of understanding of these subjects.

So the Preamble is the introduction of what the larger document is about, or in other words ...the scope, purpose, and intent of the constitution document?????

The Supreme Court power of judicial review is dependentant upon the willingness of either the Congress or the President to enforce the opinion of the court. It is the power of either the legislation branch or executive branch that gives validity to the Supreme court's judicial review. The judicial branch by itself is always the weakest branch.

The power of enforcement allocated to Congress and to the President's office is the sole mechinism that allows those two branches to be equal with the Judical branch.
Can you imagine if the Supreme Court had the power to enforce? They would be the authoritive branch!

Without the ability to enforce, the power of the Judicial branch is keeped in balance & check by the other two branches. The Supreme Court doesn't have the power of writ because that would enable the Justices of the court to dictate political policy to congress & the President.

And that is exactly what the Civil War Supreme court judges tried to do. The judges were Southern Sympathizers that tried to overstep the boundries of the Supreme Court through writs. Lincoln just laughed at such a ridiculous attempt to circumnavigate around constitution powers by the Sourhtern Sympathizers of the Supreme court. Congress knew what those justices were doing was unconstitutional because the Supreme court has no power to enforce a writ. Congress had no choice but to side with Lincoln.

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