do you recall any of the then living founders screaming that what the court did was an abuse of power?
the founders established a common law system. they'd have expected it to be interpreted. we're not a code state like france. so why would you treat the document in a way that diminishes it?
except its our system of government."To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.
yes, which is why most (scalia and thomas aside) recuse themselves when there is an appearance of impropriety or a conflict of interest.Our judges are as honest as other men and not more so.
but i've seen some of the "constitutionalists" on these boards and i know for a fact i don't want *them* deciding what's constitutional.
again...what you want isn't the form of government under which we live and it isn't the form of govenment the founders devised. you want what you want, and that's fine, but then change our system of government, don't usurp the one we have.
The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves."
—Thomas Jefferson to William C. Jarvis, 1820. ME 15:277
what a politician of his day said is really of no moment to me. it has no more meaning than the spouting off of an idiot like ted cruz saying something is unconstitutional.
and yet they allowed those things to exist...Untrue and unkind.
and i'll just mention the name sally hemings....
they were what they were. and that's fine. but they don't run our government from the grave.