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socialize_me
10-02-2008, 05:46 PM
Why didn't Jefferson (or any president for that matter) push Congress to strip the Supreme Court of having jurisdiction on ruling on Constitutional matters to create common law through precedent that supersedes the Constitution?? If the Supreme Court can declare judicial review, why can't we revoke their authority to do so as per Article III??

AJ Antimony
10-02-2008, 05:50 PM
Can you please explain to me how the Supreme Court creates common law?

Alawn
10-02-2008, 05:54 PM
Can you please explain to me how the Supreme Court creates common law?

They imply whatever the hell they want into the constitution.

nbhadja
10-02-2008, 05:57 PM
They imply whatever the hell they want into the constitution.

How about we put a provision that states that if the Supreme Court does not stricly follow the constitution every member of it gets hung. :) lol

Alawn
10-02-2008, 06:06 PM
Why didn't Jefferson (or any president for that matter) push Congress to strip the Supreme Court of having jurisdiction on ruling on Constitutional matters to create common law through precedent that supersedes the Constitution?? If the Supreme Court can declare judicial review, why can't we revoke their authority to do so as per Article III??

Well one problem is that even though the congress has the authority to limit the jurisdiction of the court since they get to decide what the constitution says they can just declare it unconstitutional regardless of whether it really is unconstitutional and since it would take away power from them they would probably do it.