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All the Perl that's Practical to Extract and Report

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  • I am not sure how you reconcile this:

    a lot of what the US Supreme Court does is issue rulings on whether various laws are constitutional or not (unconstitutional laws are nullified), but the Constitution does not explicitly give the Court this power.

    with this [cornell.edu]:

    The judicial power [of the Supreme Court] shall extend to all cases, in law and equity, arising under this Constitution

    • Quite easily. :)

      It does not explicitly say anything about nullifying laws. It says they can decide the outcome of specific cases, but it says nothing about nullifying an entire law based on its constitutionality.

      Or maybe I'm reading it differently than you.

      The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority...

      If you read that sentence it as saying "The judicial

      • Quite easily. :)

        I don't think so.

        It does not explicitly say anything about nullifying laws.

        It's absolutely implicit.

        It says they can decide the outcome of specific cases, but it says nothing about nullifying an entire law based on its constitutionality.

        I don't understand how this is interesting at all. If someone sues over whether a law is legal/Constitutional, that obviously falls under the Supreme Court's mandate. There is nothing excluding that (either explicitly or implicitly), and it is a "case arisi
        • First of all, let me make clear that my argument is not that the Court overstepped their authority in declaring that they could decide the constitutionality of laws. (And whether or not they've overstepped their authority today is an entirely different question.)

          It's absolutely implicit.

          How is anything implicit absolutely so? Are you asserting that it logically follows from that sentence?

          It says they can decide the outcome of specific cases, but it says nothing about nullifying an entire law based on i

          • How is anything implicit absolutely so? Are you asserting that it logically follows from that sentence?

            Yes, precisely.

            Because we're talking about whether the Supreme Court has the power to nullify a law on the basis that that law is inconsistent with the constitution.

            Right, but the conclusion is necessarily reached from the language. Whether it is explicitly stated is not relevant.

            There is nothing excluding that, but there is nothing explicitly including that either.

            Then it is therefore included. ALL CASE
            • Right, but the conclusion is necessarily reached from the language. Whether it is explicitly stated is not relevant.

              I tend to think that reaching conclusions is still a form of interpretation.

              And again, Hamilton is on my side, so you have to be far more convincing than saying you simply think it is not implied, because he said it was. :-)

              Aha! You're appealing to Hamilton. Which is a fine thing to do. But it is an application of a particular framework of interpretation.

              and that the Constitution does not

              • I tend to think that reaching conclusions is still a form of interpretation.

                Given the laws of integers and base 10 and addition, is it an "interpretation" that 2+2=4?

                I think the language gives absolutely no room for any other interpretation.

                Aha! You're appealing to Hamilton. Which is a fine thing to do. But it is an application of a particular framework of interpretation.

                Sure, though you are the one who brought up original intent.

                I assert that because constitutionality determination is a previous decision o
                • you are the one who brought up original intent.

                  I was foolish to bring up original intent. It appears my source was nothing more than a textbook [amazon.com] which has a section that presents some arguments for and against Judicial Review. An argument in support says

                  The Framers left juidical review out of the Constitution because they did not want to heighten controversy over Article III review, not because they opposed the practice.(p.59)
                  and the argument against that point is
                  The participants at the Constitutional Convention rejected the proposed Council of Revision, which would have enabled Supreme Court justices and the president to veto legislative acts.(p.59)

                  The textbook then notes at the end of that section that "this framework" was adopted from "David Adamany, "The Supreme Court," in The American Courts: A Critical Assessment, ed. John B. Gates and Charles A. Johnson (Washington DC: CQ Press, 1991)".

                  • Upon more research into the Council of Revision, I found this debate [teachingam...istory.org] but most of it seems to be about Executive plus Judicial review.