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In the discussion thread: Did Justice Scalia get it right? [View all]

Response to chknltl (Original post)

Thu Jun 27, 2013, 12:17 AM

7. I would say that yes, the SC does get to over-rule the other branches, and thwart

their will when their will is deemed to be unConstitutional - determining whether or not a law or policy transgresses Constitutional boundaries seems to one of the purposes of the USCC. But I think Scalia is exaggerating in claiming that this puts the Court at the "apex" of government, for at least two reasons: the Court has to wait for cases to come to it (it doesn't get to go hunting for things to review), and the Court doesn't get to make laws or policies on its own or order the other branches around. Plus, appointments to the Court are controlled by the other two branches, and justices can themselves be impeached (as pointed out above).

So it's not a hierarchy, but a balance of three branches with defined responsibilities.

It seems to me that Scalia is throwing a bit of a tantrum here...

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Replies to this discussion thread
Arrow 21 replies Author Time Post
chknltl Jun 2013 OP
William769 Jun 2013 #1
chknltl Jun 2013 #3
William769 Jun 2013 #6
Volaris Jun 2013 #2
chknltl Jun 2013 #9
Ms. Toad Jun 2013 #18
suston96 Jun 2013 #4
chknltl Jun 2013 #12
suston96 Jun 2013 #15
chknltl Jun 2013 #17
samsingh Jun 2013 #5
chknltl Jun 2013 #14
LineReply I would say that yes, the SC does get to over-rule the other branches, and thwart
petronius Jun 2013 #7
Katashi_itto Jun 2013 #8
Ms. Toad Jun 2013 #20
chknltl Jun 2013 #16
Revanchist Jun 2013 #10
Douglas Carpenter Jun 2013 #11
pnwmom Jun 2013 #13
liberal_at_heart Jun 2013 #19
Iggo Jun 2013 #21
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