Limits to Federal Judicial Power Over the States
Apr 4, 2019 4:50:26 GMT -5
Post by avordvet on Apr 4, 2019 4:50:26 GMT -5
Limits to Federal Judicial Power Over the States
By Don Mellon, April 3, 2019
Many people are aware of how the states have given away through the amendment process their sovereignty well protected in the original Constitution. But what is not so well known is what has happened through the judiciary process. When the states ratified the Constitution it established a Supreme court and gave congress the ability to form lower courts. But it limited their judicial authority to issues involving the federal government and those between states or between citizens of more than one state. The judicial authority did not extend to individual states, their laws and constitutions.
States have given away through the amendment process their sovereignty
Many people are aware of how the states have given away through the amendment process their sovereignty well protected in the original Constitution. But what is not so well known is what has happened through the judiciary process. When the states ratified the Constitution it established a Supreme court and gave congress the ability to form lower courts. But it limited their judicial authority to issues involving the federal government and those between states or between citizens of more than one state. The judicial authority did not extend to individual states, their laws and constitutions.
The Constitution did not grant the power of judicial review to the courts, which is the authority to decide if laws passed by congress or actions taken by the executive branch were constitutional. But the courts took it anyway shortly after ratification in Marbury v Madison. This power was confined to deciding if Congress and the Executive branch were acting within the Constitution.
Today the power of judicial review has been extended to include federal judicial review of state laws and their constitutions. This is a result of the court’s interpretation of the 14th Amendment ratified by the states in 1868 preventing states from repeating the injustices of slavery. The 14th amendment extends all rights, privileges, and immunities granted in the Constitution to all citizens in all states. Although judicial review is not granted, the courts claim that since they have judicial review of the supreme law of the land when applied to the federal government the extension to the states carries with it the same power over state laws and constitutions.
If there are limits to the Supreme Court’s judicial power over the laws and constitutions of the states, the court doesn’t seem to recognize them in COOPER v. AARON(1958) where the court explicitly lists powers they claim over the states.
Decisions by the Supreme Court are not the supreme law of the land, the Constitution is
canadafreepress.com/article/limits-to-federal-judicial-power-over-the-states
By Don Mellon, April 3, 2019
Many people are aware of how the states have given away through the amendment process their sovereignty well protected in the original Constitution. But what is not so well known is what has happened through the judiciary process. When the states ratified the Constitution it established a Supreme court and gave congress the ability to form lower courts. But it limited their judicial authority to issues involving the federal government and those between states or between citizens of more than one state. The judicial authority did not extend to individual states, their laws and constitutions.
States have given away through the amendment process their sovereignty
Many people are aware of how the states have given away through the amendment process their sovereignty well protected in the original Constitution. But what is not so well known is what has happened through the judiciary process. When the states ratified the Constitution it established a Supreme court and gave congress the ability to form lower courts. But it limited their judicial authority to issues involving the federal government and those between states or between citizens of more than one state. The judicial authority did not extend to individual states, their laws and constitutions.
The Constitution did not grant the power of judicial review to the courts, which is the authority to decide if laws passed by congress or actions taken by the executive branch were constitutional. But the courts took it anyway shortly after ratification in Marbury v Madison. This power was confined to deciding if Congress and the Executive branch were acting within the Constitution.
Today the power of judicial review has been extended to include federal judicial review of state laws and their constitutions. This is a result of the court’s interpretation of the 14th Amendment ratified by the states in 1868 preventing states from repeating the injustices of slavery. The 14th amendment extends all rights, privileges, and immunities granted in the Constitution to all citizens in all states. Although judicial review is not granted, the courts claim that since they have judicial review of the supreme law of the land when applied to the federal government the extension to the states carries with it the same power over state laws and constitutions.
If there are limits to the Supreme Court’s judicial power over the laws and constitutions of the states, the court doesn’t seem to recognize them in COOPER v. AARON(1958) where the court explicitly lists powers they claim over the states.
Decisions by the Supreme Court are not the supreme law of the land, the Constitution is
canadafreepress.com/article/limits-to-federal-judicial-power-over-the-states