View Poll Results: Does Article III Give SCOTUS The Right To Toss A Law Signed By The President?

Voters
15. You may not vote on this poll
  • Yes

    14 93.33%
  • No

    1 6.67%
  • I don't know

    0 0%
Page 2 of 3 FirstFirst 123 LastLast
Results 11 to 20 of 28

Thread: Does Article III Give SCOTUS The Right To Toss A Law Signed By The President?

  1. #11
    Tavern Bartender
    #NeverOprah
    American's Avatar
    Join Date
    Mar 2006
    Location
    Virginia
    Last Seen
    Yesterday @ 07:48 PM
    Gender
    Lean
    Conservative
    Posts
    76,615

    Re: Does Article III Give SCOTUS The Right To Toss A Law Signed By The President?

    Quote Originally Posted by MaggieD View Post
    Pretty good checks and balances...except for one. Nobody, and I mean nobody, overrules SCOTUS. Hmmmm.....
    Actually that's not true. Congress can rewrite the law and pass it again.
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
    "Fly-over" country voted, and The Donald is now POTUS.

  2. #12
    Tavern Bartender
    #NeverOprah
    American's Avatar
    Join Date
    Mar 2006
    Location
    Virginia
    Last Seen
    Yesterday @ 07:48 PM
    Gender
    Lean
    Conservative
    Posts
    76,615

    Re: Does Article III Give SCOTUS The Right To Toss A Law Signed By The President?

    Quote Originally Posted by pbrauer View Post
    It's an interesting question.

    Does Article III Give SCOTUS The Right To Toss A Law Signed By The President?


    Yes

    No

    I don't know.

    Article. III.

    Section. 1. The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.

    Section. 2. 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; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State [Modified by Amendment XI]; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

    In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

    The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

    Section. 3. Treason against the United States shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

    The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
    What do you mean by 'toss'?
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
    "Fly-over" country voted, and The Donald is now POTUS.

  3. #13
    Sleeper Agent
    iamitter's Avatar
    Join Date
    Jan 2011
    Location
    NY, NY
    Last Seen
    12-02-17 @ 01:11 AM
    Gender
    Lean
    Libertarian - Left
    Posts
    1,836

    Re: Does Article III Give SCOTUS The Right To Toss A Law Signed By The President?

    Quote Originally Posted by American View Post
    Actually that's not true. Congress can rewrite the law and pass it again.
    But if someone challenges that law, it can go to the SCOTUS again.


    It's not really true that no one overrules SCOTUS anyway.

    Jackson and Nixon anyone? The SCOTUS has only the will of the people behind it, while the POTUS has the power of the sword and Congress has the power of the purse.

  4. #14
    Sage
    roguenuke's Avatar
    Join Date
    Nov 2007
    Location
    Raleigh, NC
    Last Seen
    12-22-17 @ 12:44 AM
    Gender
    Lean
    Moderate
    Posts
    29,154

    Re: Does Article III Give SCOTUS The Right To Toss A Law Signed By The President?

    Quote Originally Posted by MaggieD View Post
    Pretty good checks and balances...except for one. Nobody, and I mean nobody, overrules SCOTUS. Hmmmm.....
    This really isn't true. If Congress absolutely thinks that something should be a part of law in the US, they can make it an Amendment to the Constitution. I don't really agree with doing this (we all can see how bad this worked with Prohibition), but it can be done and has been threatened on many issues. Most of the time, however, Congress does not have the supermajority support of both it and the states to actually do this, especially with most laws that Congress passes or issues that Congress faces.
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

    Keep your religion out of other people's marriages.

  5. #15
    Slayer of the DP Newsbot
    danarhea's Avatar
    Join Date
    Aug 2005
    Location
    Houston, TX
    Last Seen
    Today @ 12:39 PM
    Gender
    Lean
    Conservative
    Posts
    40,028

    Re: Does Article III Give SCOTUS The Right To Toss A Law Signed By The President?

    I refer not to Article III, but to Marbury v. Madision.
    The ghost of Jack Kevorkian for President's Physician: 2016

  6. #16
    Sleeper Agent
    iamitter's Avatar
    Join Date
    Jan 2011
    Location
    NY, NY
    Last Seen
    12-02-17 @ 01:11 AM
    Gender
    Lean
    Libertarian - Left
    Posts
    1,836

    Re: Does Article III Give SCOTUS The Right To Toss A Law Signed By The President?

    Quote Originally Posted by danarhea View Post
    I refer not to Article III, but to Marbury v. Madision.
    Yeah, in 1803 the court gave itself this power.
    However, 2 presidents (at least) thus far have ignored the ruling of the SCOTUS.

  7. #17
    Global Moderator
    The Truth is out there.
    Kal'Stang's Avatar
    Join Date
    Jan 2009
    Location
    Bonners Ferry ID USA
    Last Seen
    @
    Gender
    Lean
    Independent
    Posts
    33,641
    Blog Entries
    2

    Re: Does Article III Give SCOTUS The Right To Toss A Law Signed By The President?

    Quote Originally Posted by MaggieD View Post
    Pretty good checks and balances...except for one. Nobody, and I mean nobody, overrules SCOTUS. Hmmmm.....
    Actually Congress/Senate can. All they have to do is make an amendment to the Constitution. And there is the 5th check and balance that hasn't been mentioned yet. (at least from your post..haven't read all the posts past yours yet....
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

    My mind and my heart are saying I'm in my twenties. My body is pointing at my mind and heart and laughing its ass off. ~ Kal'Stang

  8. #18
    Global Moderator
    The Truth is out there.
    Kal'Stang's Avatar
    Join Date
    Jan 2009
    Location
    Bonners Ferry ID USA
    Last Seen
    @
    Gender
    Lean
    Independent
    Posts
    33,641
    Blog Entries
    2

    Re: Does Article III Give SCOTUS The Right To Toss A Law Signed By The President?

    Quote Originally Posted by iamitter View Post
    Actually, they didn't do that until 1803.
    Only because it never really came up until then I believe.
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

    My mind and my heart are saying I'm in my twenties. My body is pointing at my mind and heart and laughing its ass off. ~ Kal'Stang

  9. #19
    User Concept's Avatar
    Join Date
    Feb 2011
    Location
    Miami, Florida
    Last Seen
    03-22-14 @ 08:45 PM
    Gender
    Lean
    Liberal
    Posts
    23

    Re: Does Article III Give SCOTUS The Right To Toss A Law Signed By The President?

    Quote Originally Posted by MaggieD View Post
    Pretty good checks and balances...except for one. Nobody, and I mean nobody, overrules SCOTUS. Hmmmm.....
    A Constitutional Convention can
    We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both.

    Associate Supreme Court Justice Louis Dembitz Brandeis

  10. #20
    Professor
    Shadow Serious's Avatar
    Join Date
    Mar 2009
    Location
    Oklahoma
    Last Seen
    07-18-14 @ 07:06 PM
    Gender
    Lean
    Libertarian
    Posts
    1,460

    Re: Does Article III Give SCOTUS The Right To Toss A Law Signed By The President?

    Quote Originally Posted by Kal'Stang View Post
    There are 5 checks and balances on our government. There are the normal ones that most people know about. Legislative, executive, judicial, peoples right to vote. Each of those are designed to where no one has absolute authority and can countermand the others decisions. The last one is actually far less known and which the courts try to keep it that way. I won't mention it because frankly I'm curious as to if anyone else knows the answer. (I will mention it later though if no one gets it with in the next couple of days.)
    Not to spoil anyone's fun, but he is referring to Jury Nullification. If people thing a law is wrong or its application is wrong then they can give a verdict Not Guilty.
    An Enlightened Master is ideal only if your goal is to become a Benighted Slave. -- Robert Anton Wilson

Page 2 of 3 FirstFirst 123 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •