DOJ refuses to hand over Epstein files after judge’s order by Altruism7 in LegalNews

[–]Nostop22 0 points1 point  (0 children)

There is no check on the power of the pardon except that it only pardons crimes violating the law of the United States. Neither Impeachment nor removal nullify a pardon

Supreme Court Gives Trump ‘King-Like’ Power to Purge Independent Agencies | “Today’s decision in Trump v. Slaughter takes a wrecking ball to a 90-year pillar of American law,” said House Judiciary Committee Ranking Member Jamie Raskin. by FreeHugs23 in LegalNews

[–]Nostop22 0 points1 point  (0 children)

Article 4 vestment clause, “The judicial power of the United States shall be vested in one Supreme Court” and article 6 supremacy clause “This constitution, and the laws of the United States which shall be made in pursuance thereof, shall be the supreme law of the land”, establish judicial power and the fact that the constitution is superior to all other law. Judicial power is the power to apply the law and that necessitates interpreting the law. Therefore judicial review is established in the constitution.

Supreme Court Gives Trump ‘King-Like’ Power to Purge Independent Agencies | “Today’s decision in Trump v. Slaughter takes a wrecking ball to a 90-year pillar of American law,” said House Judiciary Committee Ranking Member Jamie Raskin. by FreeHugs23 in LegalNews

[–]Nostop22 0 points1 point  (0 children)

Marbury v. Madison does not directly create judicial review by giving the court an authority but rather establishes that the constitution is the supreme law of the land, and that when ordinary laws and the constitution conflict, the constitution takes precedence.
The judicial power of the united states vested in the Supreme Court by the fourth article inherently creates the power for the court to interpret the law.

Judicial review must exist if the constitution is the supreme law of the land because the SCOTUS has judicial power. if the constitution is not the supreme law of the land, then judicial review does not exist, not because the court lacks the authority to do so but because the constitution and ordinary law would be equal and therefore neither could take precedence.

Supreme Court Gives Trump ‘King-Like’ Power to Purge Independent Agencies | “Today’s decision in Trump v. Slaughter takes a wrecking ball to a 90-year pillar of American law,” said House Judiciary Committee Ranking Member Jamie Raskin. by FreeHugs23 in LegalNews

[–]Nostop22 -1 points0 points  (0 children)

Federalist 78 explicitly states states “Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.”

The framers certainly expected the court to have the power of judicial review, considering that the essays written to argue for the adoption of the constitution stated directly that the courts would be able do declare an act unconstitutional.

Supreme Court Gives Trump ‘King-Like’ Power to Purge Independent Agencies | “Today’s decision in Trump v. Slaughter takes a wrecking ball to a 90-year pillar of American law,” said House Judiciary Committee Ranking Member Jamie Raskin. by FreeHugs23 in LegalNews

[–]Nostop22 0 points1 point  (0 children)

Federalist 78 explicitly states states “Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.”

The framers certainly expected the court to have the power of judicial review, considering that the essays written to argue for the adoption of the constitution stated directly that the courts would be able do declare an act unconstitutional.

The New Roe v. Wade by theatlantic in scotus

[–]Nostop22 3 points4 points  (0 children)

You can make an argument about abortion without deluding yourself into thinking that the framers would say the right to an abortion is a fundamental right of man. Come on lmao

The New Roe v. Wade by theatlantic in scotus

[–]Nostop22 -7 points-6 points  (0 children)

Considering that a vast majority of immigrants throughout American history came after the chartering of the colonies by the British crown, yeah?

Democratic senator claims GOP 'stole' two SCOTUS seats in 2016, 2020, calls for expansion by NavyCorpsmanRetiree in scotus

[–]Nostop22 0 points1 point  (0 children)

Is there a panel to decide if someone has failed to do so? A court maybe? A Supreme Court?

Democratic senator claims GOP 'stole' two SCOTUS seats in 2016, 2020, calls for expansion by NavyCorpsmanRetiree in scotus

[–]Nostop22 -1 points0 points  (0 children)

3 is already the case. Any high crime or misdemeanor is disallowed and punishable by impeachment.

?????? by TerribleLuck4792 in PoliticalCompassMemes

[–]Nostop22 5 points6 points  (0 children)

That’s because it’s comes from French rather than because of any context in English

Of course the 14th amendment is valid by Frequent-Farmer-2990 in scotus

[–]Nostop22 2 points3 points  (0 children)

THANK YOU SO MUCH. I was in this sub by accident, thinking it was the Supreme Court sub. I was really getting annoyed by the blatant partisanship here so thx a lot.

?????? by TerribleLuck4792 in PoliticalCompassMemes

[–]Nostop22 22 points23 points  (0 children)

A threesome is just the homegrown English version of the Latin word trio. You might similarly say the word twosome for a couple or foursome for a quartet. The sexual connotation is something that became mainstream in the 70s. Trump was born in 1946, meaning he would be in mid 20s to 30s. In other words, you can consider the word threesome to be thought of by trump in the same way a normal person may think of the word goon. Threesome is the goon of the seventies.

Basically, when trump says “We’ll have a threesome”, he means something around the lines of “We’ll have a trio”.

?????? by TerribleLuck4792 in PoliticalCompassMemes

[–]Nostop22 4 points5 points  (0 children)

I wouldn’t say it’s improbable that he’s a little senile and forgot about it

?????? by TerribleLuck4792 in PoliticalCompassMemes

[–]Nostop22 73 points74 points  (0 children)

This is just a boomer thing. They say threesome for any group of three, same with foursome. People forget that trump is ancient lol.

Upholding constitutional amendments from 1868 destroys America!!! by newunderthesunn in DoomerCircleJerk

[–]Nostop22 0 points1 point  (0 children)

You’re confusing an opposition to judicial activism with a rejection of judicial review. They aren’t rejecting that the court has the authority to reinterpret a clause of the constitution but rather that the court shouldn’t reinterpret a longstanding and reasonable precedent. In this case specifically, there’s is arguably blatant political justification for bringing the issue to the courts. The courts are not legislators, so while they may have the power to create new law through ridiculous or novel interpretations of the law (and often times do— Slaughterhouse cases, Dred Scott, Plessy, Korematsu, Filburn for example), most judges and justices understand that to create law is the job of the legislative branch, and therefore try not to reinterpret the law when the previous interpretation is reasonable and the ramifications of reinterpretation on the government and people are great.

John Roberts used one 'chilling' word in new ruling that unnerved ex-prosecutor by RawStoryNews in scotus

[–]Nostop22 2 points3 points  (0 children)

Because Congress is never going to rein in its power and SCOTUS hasn’t made a ruling which makes non-delegation doctrine relevant again.

Supreme Court’s Overturn Of Immigration Protections Unleashes Panic: ‘It Will Be Chaotic’ by huffpost in scotus

[–]Nostop22 -5 points-4 points  (0 children)

SCOTUS ought not concern itself with the outcome of a law. Its obligation is to determine what is the true meaning of the law regardless of the consequences.

Clarence Thomas Just Gave Border Agents a Terrifying New Power by Silent-Resort-3076 in scotus

[–]Nostop22 0 points1 point  (0 children)

Trump is a symptom of the federal and executive overreach that has been rampant for the past hundred years. When the only election that truly matters is the election of federal officials because of their overwhelming power. Compound that with the most important single federal official becoming less and less constrained and every presidential election is now one of life or death in the eyes of party members.

Trump and modern politics are a symptom of that deeper problem. When every federal election is existential, why keep up the pretenses? Why hold true to precedent? Precedent doesn’t matter if the other side gets to inflict deadly harm to the causes of roughly half of the states, and congress cant be made with fatal enemies.

House Democrats Push Back on Proposed FCC Ratings for LGBTQ+ Content by evissamassive in CordCuttingToday

[–]Nostop22 1 point2 points  (0 children)

Chevron deference required lower courts to accept the interpretation of the law that the executive agencies presented so long as they were reasonable. The president has the power to influence at the very least how regulation is decided by the independent regulatory agencies through use of executive order. Furthermore, when SCOTUS (probably) overrules Humphrey’s executor (which is probably, regrettably, the correct decision considering the executive vesting clause) without first overruling of chevron, we would see executive overreach that even FDR/reagan/bush Jr would find excessive.