tag:blogger.com,1999:blog-823719196374898491.post6286250083101200574..comments2023-12-19T07:29:42.437-06:00Comments on Dedicated Tenther: Defending our Liberty: A Practical GuideDedicated Tentherhttp://www.blogger.com/profile/02169003228002700000noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-823719196374898491.post-71810293662951983042012-05-04T18:24:25.037-05:002012-05-04T18:24:25.037-05:00but they are declaring whole laws unconstitutional...<i>but they are declaring whole laws unconstitutional, and those are two different things. In the first case, a different court might decide differently. In the second (actual) case, a legitimately enacted law is stricken from the books.</i><br /><br />I don't see the distinction you're making. The laws aren't actually "stricken from the books", they just become unenforced, and by the courts thinking, unenforceable. <br /><br />I think a new bill that modifies the existing "stricken" law has the standard form of replace-this-with-that after-x-add-y etc.<br /><br />Of course, I don't play a Congressman, even on TV.Tobias Tooknoreply@blogger.comtag:blogger.com,1999:blog-823719196374898491.post-66677544909904387902012-05-04T08:50:06.641-05:002012-05-04T08:50:06.641-05:00No, it's not. That may be how they justify it...No, it's not. That may be how they justify it, but they are declaring whole laws unconstitutional, and those are two different things. In the first case, a different court might decide differently. In the second (actual) case, a legitimately enacted law is stricken from the books.<br /><br />Now, I do sort of agree that SCOTUS has that responsibility, just like the Exec and Leg do. The biggest problem is the theory (currently held) that ONLY SCOTUS has that power and responsibility.Dedicated Tentherhttps://www.blogger.com/profile/02169003228002700000noreply@blogger.comtag:blogger.com,1999:blog-823719196374898491.post-79173894562208160602012-05-04T08:46:16.418-05:002012-05-04T08:46:16.418-05:00The power of Judicial Review is simply a recogniti...The power of Judicial Review is simply a recognition that the Court has declared how they will rule on any appeal on a particular law brought before them. They are saying don't bother to prosecute cases since we will simply overturn them.<br /><br />Nothing stops the Executive from ignoring that, in effect saying that their ruling only applies to the case at hand, which is true. Lincoln did this by the way but mostly, the Executive heads the warning.Tobias Tooknoreply@blogger.com