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| Laws against Gay Marriage/Unintended Results |
Chouxxx |
08/08/04 |
The religious right is so angry about the fact that it is almost certain that the Amendment to The Constitution banning gay marriage most certainly fail, that they tried a new tactic. If we(Religious Right) can't amend the Constitution, we can make it irrelevant!
The US HOuse of REpresentatives recently approved a bizarre bill callen the Marriage Protection Act which would insulate state laws banning gay marriage from any review by federal courts, including the Supreme Court. If the bill becomes law, it will change the way our government has operated for more than two centuries.
Stripping the Supreme Court of their power is a drastic step and would most certainly come back to haunt conservatives.
Liberals could pass stringent laws in several states banning gun ownership--and then prohibit federal courts from deciding whether those laws violated the Second Amendment.
Comments? |
Clarification/Follow-up by ETWolverine on 08/09/04 5:00 pm:
>>>If a law goes through that refuses higher judicial review, that would change the balance of power that has been in place for over 200 years. <<<
Actually, no it wouldn't.
The truth is that Congress is responsible for telling the courts (incuding the Supreme Court) what they have jurisdiction over, and can limt that jurisdiction however it wishes. It can abolish the lower courts completely if it wishes, and can even limit the Supreme Court to hearing cases regarding treaties and international agreements. It can literally make sure the Supreme Court NEVER hears a single case again outside of treaty law if it so desires. That was the check and balance put in place over the Supreme Court and the entire Judiciary.
That said, it would not change ANY precedent to in the balance of power designed into the Constitution at all. This power simply hasn't been used before. That doesn't mean that it CAN'T be.
If Consgress decides to do so, it can simply add a sentence to any bill that says "this law is not subject to judicial review", and it would be perfectly legal, BECAUSE CONGRESS DECIDES WHAT THE JUDICIARY HAS AUTHORITY TO REVIEW. And it would change the balance of power... it IS the balance of power.
Elliot
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