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The Way I See It!

I am an Ultra-Conservative, Alpha-Male, True Authentic Leader, Type "C" Personality, who is very active in my community; whether it is donating time, clothes or money for Project Concern or going to Common Council meetings and voicing my opinions. As a blogger, I intend to provide a different viewpoint "The way I see it!" on various world, national and local issues with a few helpful tips & tidbits sprinkled in.

Today's Hmm Moment!

Court, Liberals

If Obamacare were found to be unconstitutional, does that mean the United States Supreme Court was legislating from the bench? 

 

What is the role of the courts?

 

Make law or decide if the law is constitutional?

 

Hints:

 

http://www.law.cornell.edu/uscode/28/ch81.html

 

Judicial Review

 

Judicial review consists of:

-The power of the courts to declare laws invalid if they violate the Constitution.

 

-The supremacy of federal laws or treaties when they differ from state and local laws.

 

-The role of the Court as the final authority on the meaning of the Constitution.

 

Influences on the Court

There exist both legal and political influences on the Supreme Court justices and their decisions.

Among the legal influences on Supreme Court decisions are:

-The Constraints of the Facts: Courts cannot make a ruling unless they have an actual case brought before it.  The facts of a case are the relevant circumstances of a legal dispute or offense.  The Supreme Court must respond to the facts of a dispute.

 

-The Constraints of the Law: Among the legal constraints in deciding cases, the Supreme Court must determine which laws are relevant.  These include; interpretation of the Constitution, interpretation of statutes, and interpretation of precedent.

 

http://www2.maxwell.syr.edu/plegal/scales/court.html

 

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