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

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

  1. #1
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    Does Article III Give SCOTUS The Right To Toss A Law Signed By The President?

    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.


  2. #2
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    Re: Does Article III Give SCOTUS The Right To Toss A Law Signed By The President?

    Yes, if a case is brought before them involving a presidentially signed bill or whatever, they have jurisdiction over it.

    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
    Judicial review also comes to mind, and the quoted section plus judicial review says yes, at least from my perspective.

    Not to mention, the spirit of the SCOTUS is to act as a check on Congress and the President. I suppose its acting as a check on both by being able to do this.
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    Re: Does Article III Give SCOTUS The Right To Toss A Law Signed By The President?

    Very few bills/laws are official until the President of the US signs it. The only way that Congress/House can pass a bill past a Presidents veto power is by using a super majority vote overriding the veto. Other than that the President must sign EVERY bill/law that passes through the House and Senate. So after considering that, and then adding that fact that SCOTUS continually judges weather laws are Constitutional or not (and has been since the US was first formed)...I would have to say yes.

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

    Quote Originally Posted by Kal'Stang View Post
    that SCOTUS continually judges weather laws are Constitutional or not (and has been since the US was first formed)
    Actually, they didn't do that until 1803.

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

    Quote Originally Posted by Kal'Stang View Post
    Very few bills/laws are official until the President of the US signs it. The only way that Congress/House can pass a bill past a Presidents veto power is by using a super majority vote overriding the veto. Other than that the President must sign EVERY bill/law that passes through the House and Senate. So after considering that, and then adding that fact that SCOTUS continually judges weather laws are Constitutional or not (and has been since the US was first formed)...I would have to say yes.

    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.)
    Pretty good checks and balances...except for one. Nobody, and I mean nobody, overrules SCOTUS. Hmmmm.....
    The devil whispered in my ear, "You cannot withstand the storm." I whispered back, "I am ​the storm."

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    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.....
    buck has to stop someplace.

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    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.....
    that's not actually true 100%



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

    Quote Originally Posted by TurtleDude View Post
    that's not actually true 100%
    for those who aren't up on Employment Discrimination law

    Lilly Ledbetter Fair Pay Act of 2009 - Wikipedia, the free encyclopedia



  9. #9
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    Re: Does Article III Give SCOTUS The Right To Toss A Law Signed By The President?

    Is this a trick question? It says their powers extend to all laws of the US.
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  10. #10
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    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.....
    You could pull a Jackson, and ignore what they have say. If their ruling is that unpopular/horrible, that might be an option for the President.
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