Thom Hartmann on Judicial Review

[repoman]

With all of these SCOTUS decisions coming down, this is a good time for this topic:



Also, there should be an age limit of roughly 75 years old, in my opinion. How about a ~18 year term as well?

 

[Loren Pechtel]

Is that from the Russia Today website?

What there should be is a mental ability test to remain in office.

 

[zorq]

The guy in this video suggests that the supreme court should be stripped entirely of the only power they really have and serve as a only an advisory role. But then at the end, the only thing he actually recommends the court be barred from is cases related to campaign finance. Either way it doesn't make sense to me.

What is the point of a supreme court if they can't stop unconstitutional laws from transgressing against citizens? They serve no check or balance without that power.

On the other hand, why of all things should campaign finance be the only thing they can't touch?

He is, of course, correct that something needs to be done to keep justices accountable for their ethical transgressions. Figureing out what that is though is a tricky wicket.

 

[Opoponax]

The guy in the video is wrong---and is lying. The job of the Court is to say what the law is. Congress passes laws, and the Court's job is to interpret the laws Congress makes to ensure it is constitutional. If the law is violative of X section, or Y Amendment, then it's struck down. For example, if Congress passed a law requiring that on Sundays, all free speech rights are suspended, then the Court's job is to strike down that law because there is no other check on the law. Similarly, if 100% of the voting population of a given state were to pass a law denying the right of racial minorities to vote, that doesn't make that law constitutional. Granted, those are extreme examples, but they're illustrative.

Also, all federal courts, including SCOTUS, as well as appellate and state supreme courts have reversed laws based on those laws' inability to meet constitutional requirements since the founding of the nation. The right to argue a given law's validity has been essential to keeping the other two branches in check. We're seeing all of that erode now, but the bases of that erosion is found in Congress and the Executive (IMNSHO).