The Constitution says what the Supreme Court says it says?

Discussion in 'Political Opinions & Beliefs' started by Chickpea, Aug 14, 2023.

  1. Zorro

    Zorro Well-Known Member

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    Or when a group of robe liars claims due process = abortion.
     
  2. Chickpea

    Chickpea Well-Known Member

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    Here's something interesting:
    With "such exceptions"... fascinating....
     
    Last edited: Aug 19, 2023
  3. Jack Hays

    Jack Hays Well-Known Member Donor

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    Concluded.
     
  4. Chickpea

    Chickpea Well-Known Member

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    You may think so, there are a lot of other posters here.

    Congress has the power of jurisdriction stripping. That means that congress may limiat the court's authority to rule on certain sorts of cases.
     
  5. Jack Hays

    Jack Hays Well-Known Member Donor

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    Concluded.
     
  6. Chickpea

    Chickpea Well-Known Member

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    In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

    Concluded.
     
  7. Alwayssa

    Alwayssa Well-Known Member

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    Airplanes are not ships. there are ships that can go on land and sea. But when it comes to airplanes, they are not ships. they are a totally different breed, not to mention helicopters.
     
  8. Chickpea

    Chickpea Well-Known Member

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    Airships and spaceships are ships. As are hovercraft, btw, even though they don't actually touch the land or sea.
     
    Last edited: Aug 19, 2023
  9. Alwayssa

    Alwayssa Well-Known Member

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    That may be true, but groups can sue on those executive orders. All Executive orders must be within the law or as per their interpretation per the current laws on the books. Trump has proposed to end birthright citizenship by executive order. Nearly all legal experts say that cannot be done because of the Wong Kim Ark case and the jus soli doctrine on how we derive US citizenship. Biden proposed a student loan debt reduction of $10k or $20k but the Supreme court struck down that executive order. Now Biden is using their decision to revamp a student debt forgiveness program that the Supreme Court laid out that will work.
     
  10. Bullseye

    Bullseye Well-Known Member

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    Nah, I don't thing so. Cite your source.
     
  11. Jack Hays

    Jack Hays Well-Known Member Donor

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    Never in dispute.
     
  12. Chickpea

    Chickpea Well-Known Member

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    But what if the president said that the the order was within the law as he interpreted it?
     
  13. Alwayssa

    Alwayssa Well-Known Member

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    We don't have spaceships. Airships are a thing of the past. We have airplanes and helicopters, and they are not spaceships or airships.

    Hovercraft can go on land and sea. But it is still a ship. And there is one very famous hovercraft that takes passengers from England to France and back.
     
  14. Chickpea

    Chickpea Well-Known Member

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    US Constitution. Aritle 3, section 2, clause 2.
     
  15. Chickpea

    Chickpea Well-Known Member

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    So your goal was to convince us that the air force is unconstitutional. Okay. Let's assume, for the sake of discussion, mission accomplished. Now what?
     
    Last edited: Aug 19, 2023
  16. Alwayssa

    Alwayssa Well-Known Member

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    Executive branch does not do judicial review at all. The President can nominate, with confirmation of the senate a Supreme Court justice. And if the senate confirms that justice being nominated to the Supreme Court, then that person will take their place on the court.
     
  17. Chickpea

    Chickpea Well-Known Member

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    Let's say that the executive claims to have the same as the judiciary. I mean, neither has "judicial review" by any constitutional authority right?
     
    Last edited: Aug 19, 2023
  18. Alwayssa

    Alwayssa Well-Known Member

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    Then you follow the first amendment, specifically the right to grievance. Republicans did this when Biden had his executive order on student loan debt. On a few of Trump's executive orders, groups and Democrats did the same thing.
     
  19. Bullseye

    Bullseye Well-Known Member

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    Thanks, I saw your post above. Sorry.
     
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  20. Alwayssa

    Alwayssa Well-Known Member

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    It does under Marbury v Madison. The Supreme Court uses precedent and it can also change precedent as with the Dobbs case.
     
  21. Chickpea

    Chickpea Well-Known Member

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    Yeah, the court has claimed certain powers. Not legitimate. Not in the constitution.

    If we're going off script (Marbury) then there's no reason that the executive branch can't make the same claim.
     
    Last edited: Aug 19, 2023
  22. Alwayssa

    Alwayssa Well-Known Member

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    That does not say anything about jurisdiction stripping. It has appellate powers in all cases in law and fact. There are exceptions but Congress has to make it so.
     
  23. Chickpea

    Chickpea Well-Known Member

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    Exactly. Congress can stip the court from hearing any case involving, say, firearms.
     
  24. Alwayssa

    Alwayssa Well-Known Member

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    The executive branch is not the judiciary. YOu really need to understand that the Constitution was written with separation of powers in mind. Each branch does its thing under that article, nothing else.
     
  25. Chickpea

    Chickpea Well-Known Member

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    Holy moly!!!!!! Wait, what??? The executive branch from article two is not the judiciary from article three. Wow, I'm so dumb. I thought they were two different things.

    But anyway, why does the judiciary claim they have the power of judicial review (made up out of whole cloth) if the executive can't say the same?
     

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