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DarkSteven -> RE: Rand Paul: USSC shouldnt decide what is consitutional (7/5/2012 6:18:28 AM)
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quote:
ORIGINAL: Fellow I see the point the Senator has. At first there is a very bad law (everybody agrees with that, even liberals), then it goes to the Supreme Court (this fact itself tells something is wrong), the court says the law is OK and everybody has to suffer the rest of their lives. Um. The steps are as follows: 1. The law is proposed in Congress. It has to clear both Houses. 2. The President is allowed the option to veto the legislation. if he declines to veto, it becomes "on the books" law, untested. 3. If he does veto, then Congress has the option to override. If they do, it also becomes an untested law. 4. If there is any question regarding the ability of the law to pass Constitutional muster, it gets challenged in court. 5. If the court's ruling is not seen as definitive, it can get appealed to SCOTUS. 6. SCOTUS rules (or refuse to hear). So I disagree with you on the following grounds: A. I'm not sure if this is a bad law or not. There is no question that its lawfulness is borderline. It's not clearly supported by the Constitution, nor is it not supported. The fact that it went to SCOTUS is not an indication that it is a bad law, simply one that is not clearly acceptable or not. B. Everyone's acting like the Supreme Court just made law. Nope. The Supremes never even saw the law until both the Executive and Legislative branches had worked on it, and it had been challenged at the lower courts' levels. Saying that the Supreme Court is responsible for this law is like saying that the guy who ran the last leg of a relay race is solely responsible for his team winning or losing.
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