Congressman unclear on the concept

[kallend 2,106]

"Just because the Supreme Court rules on something doesn't necessarily mean that that's constitutional." Rep. Jim Bridenstein (R, Oklahoma) December 30, 2013

...

The only sure way to survive a canopy collision is not to have one.

[muff528 3]

Plessy vs. Ferguson

Dred Scott vs. Sandford

Turns out the SC was wrong in both decisions.

Just because the SC appointed themselves the arbiters of "constitutionality" doesn't mean they were right about that, either. A lot of folks have had to live (and die) by some of their idiotic, anti-constitutional decisions over the years.

[DiverMike 5]

Quote

"Just because the Supreme Court rules on something doesn't necessarily mean that that's constitutional." Rep. Jim Bridenstein (R, Oklahoma) December 30, 2013

I know it has been settled in case law , but nowhere in the constitution does it give the supreme court the power of judicial review of the constitution. They just assumed it. The congressman can certainly voice his opinion that the Supreme court has overstepped their constitutional bounds.

Quote

... to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.
-Thomas Jefferson, 1820

For the same reason I jump off a perfectly good diving board.

[lawrocket 3]

A politician saying dumbass bullshit? Next thing you know, a sitting President lauded as a Constitutional scholar will go on the record stating that it would be unprecedented for an unelected Court to strike down a law passed by a majority of Congress.

Oh. Shoot. That just happened last year.

Yep. Politicians spewing forth dumbass rhetorical shit against anything or anybody that stands in the way of their accomplishing what he/she wants to do.

My wife is hotter than your wife.

[lawrocket 3]

[Quote]... to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.
-Thomas Jefferson, 1820

I always liked TJ. Not as much as Madison, but TJ's an interesting dude.

But what's interesting is that the Courts do not have to be the ultimate arbiters of all Constitutional questions. Example: in 1894, Congress passed a statute creating the first income tax. The Constitution said that direct taxes must be apportioned between the states. In Pollock v. Farmers' Loand & Trust, the SCOTUS struck down the income tax as Unconstitutional.

Justice Harlan dissented, but gave an instruction manual in his dissent: he said that without an amendment to the Constitution an income tax can never be passed by the feds.

By golly by gee, the Sixteenth Amendment got passed. Thus, the SCOTUS was not the final arbiter and their decision was superseded. The brilliance of a system of checks and balances.

My wife is hotter than your wife.

[BIGUN 1,406]

Not saying what he said is right; nor do I know the full context of the discussion. I've been to several of his town hall meetings and can't help but think this was out of context or a tongue fumble.

On a separate note... not always the case that a Supreme Court ruling is constitutional.

10 Overturned Supreme Court Cases

Nobody has time to listen; because they're desperately chasing the need of being heard.

[Arvoitus 1]

BIGUN

Not saying what he said is right; nor do I know the full context of the discussion. I've been to several of his town hall meetings and can't help but think this was out of context or a tongue fumble.

On a separate note... not always the case that a Supreme Court ruling is constitutional.

10 Overturned Supreme Court Cases

That website has some interesting self linkage like,

How Women Work

Quote

... women are inscrutable, conniving, hysterical and apt to change their minds without reason or warning ...

Your rights end where my feelings begin.

[BIGUN 1,406]

Arvoitus

***Not saying what he said is right; nor do I know the full context of the discussion. I've been to several of his town hall meetings and can't help but think this was out of context or a tongue fumble.

On a separate note... not always the case that a Supreme Court ruling is constitutional.

10 Overturned Supreme Court Cases

That website has some interesting self linkage like,

How Women Work

Quote

... women are inscrutable, conniving, hysterical and apt to change their minds without reason or warning ...

Ya gots to quote the whole thing unless you're making some click-thru revenue. What it starts out saying is....

"If you believe what you see on TV,... "

Nobody has time to listen; because they're desperately chasing the need of being heard.

[Arvoitus 1]

BIGUN

******Not saying what he said is right; nor do I know the full context of the discussion. I've been to several of his town hall meetings and can't help but think this was out of context or a tongue fumble.

On a separate note... not always the case that a Supreme Court ruling is constitutional.

10 Overturned Supreme Court Cases

That website has some interesting self linkage like,

How Women Work

Quote

... women are inscrutable, conniving, hysterical and apt to change their minds without reason or warning ...

Ya gots to quote the whole thing unless you're making some click-thru revenue. What it starts out saying is....

"If you believe what you see on TV,... "

I believe my quoting was up to the standards expected in a SC thread.

Your rights end where my feelings begin.

[BIGUN 1,406]

You might consider raising the standard. Think of it as a new year's resolution.

Nobody has time to listen; because they're desperately chasing the need of being heard.