How / is a National Health Service unconstitutional? (user search)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
June 15, 2024, 07:16:47 PM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  How / is a National Health Service unconstitutional? (search mode)
Pages: [1]
Author Topic: How / is a National Health Service unconstitutional?  (Read 1176 times)
Stranger in a strange land
strangeland
Atlas Icon
*****
Posts: 10,217
United States


« on: October 29, 2018, 09:59:03 AM »
« edited: October 29, 2018, 10:52:10 AM by Stranger in a strange land »

Congress could always pass a law saying "the Supreme Court can not rule on the constitutionality of this", like they did with Medicare.

Congress does not have the constitutional authority to ban SCOTUS from reviewing a law. The Supreme Court's power of review comes from the constitution, not Congressional mandate; that power wasn't something granted by Congress so Congress can't just take it away. Nothing in the constitution even arguably gives Congress the right to make itself immune to the other branches.



False.

https://en.wikipedia.org/wiki/Jurisdiction_stripping





Quote
You must be logged in to read this quote.
Quote
You must be logged in to read this quote.

Quote
You must be logged in to read this quote.

Wait, this has been a thing this whole time!? Why isn't this used more often?

Also, could Congress enact a requirement by statute that, for example, the Supreme Court can only strike down a law passed by an elected legislature by a margin of 6-3 or greater?
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.022 seconds with 11 queries.