How / is a National Health Service unconstitutional? (user search)
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  How / is a National Health Service unconstitutional? (search mode)
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Author Topic: How / is a National Health Service unconstitutional?  (Read 1170 times)
Blue3
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« on: October 28, 2018, 02:51:46 PM »

Congress could always pass a law saying "the Supreme Court can not rule on the constitutionality of this", like they did with Medicare.
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Blue3
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« Reply #1 on: October 28, 2018, 06:33:03 PM »

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





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