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this post was submitted on 29 Jul 2023
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So the constitution gave SCOTUS the authority to regulate women's bodies?
The court gave the court that authority.
When you think about it, the court itself has been unconstitutional since 1803 when they decided for themselves that they had the authority to decide what is and isn’t constitutional. Marbury V Madison is the case that “gave” the court the power of judicial review. A power that is not enumerated in the constitution whatsoever, and was entirely made up by the Supreme Court.
Judicial review is a bullshit system and should have been struck down with an act of congress immediately. Unfortunately, Americans have apparently always been lazy, and delegating constitutional questions to the court was seen as easier than making amendments all the time.
In short: sack the court and start again. Create a new entity for making constitutional interpretations, and make SCOTUS back into what it was supposed to be: the final court of appeals for the judicial system.
This is a stupid, far right take. Marbury didn't set new precedent. It said what everyone already knew. Judicial review is part of western jurisprudence for centuries and centuries.
How is this far right? The right loves the current court, it’s their personal sledgehammer they can pull out to erode our freedoms whenever they wish.
Just because something had been done for a long time, doesn’t mean it’s a good thing.
For a long time, the west had kings as governments. We fought a war to get rid of that. The French started cutting off heads to end that.
For a long time, the church was a key government entity, our constitution explicitly states that the government is entirely separate to the church.
For a long time, common people had no rights to trial by peers or privacy in their own homes from the government. Again, we have an amendment that enshrines that.
The Supreme Court has been abusing their power too much and for too long. It needs to change, and one those changes should be to judicial review. No more legislation from the bench.
Dismantling the court because you don't understand judicial review is a far right position. They want power consolidated, not in a tripartite system of government.
Okay bud. I see I’m dealing with a highly intelligent being. After all, we definitely have a tripartite government when we have a legislative branch that makes laws and an unelected judicial branch that… also makes laws by deciding what is and isn’t constitutional and what rights are and aren’t protected by the constitution.
Yup, sure sounds like a totally fair and balanced system of government that definitely doesn’t need a major overhaul and sever limits places on it by the other branches.
But I guess actually wanting checks and balances is a far right position, so, according to you, shouldn’t be done.
Again, you don't understand judicial review.
This is a stupid take. Marbury didn't set new precedent. It said what everyone already knew. Judicial review is part of western jurisprudence for centuries and centuries.