Cruz to propose amendment to subject SCOTUS justices to election after 8 years (user search)
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  Cruz to propose amendment to subject SCOTUS justices to election after 8 years (search mode)
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Author Topic: Cruz to propose amendment to subject SCOTUS justices to election after 8 years  (Read 3426 times)
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shua
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« on: June 29, 2015, 12:58:26 AM »

That's not what the founders intended.

I agree.  But they did not intend for the SCOTUS to have the power of Judicial Review to the point where they could nullify statutes.  John Marshall took that power for the Court in MARBURY v. MADISON and we have gone along with it (even though the Constitution does not give the Court power to nullify legislation) because it is the "least worst way" to resolve issues.  Friday's decision is an example of going beyond even what John Marshall envisioned.

As for the guy who stated "What a racist plan!":  I've never said this before, but it's time for the troll to take a hike.

Judicial review was envisioned by the Founders in the discussion of the Constitution - see Federalist 78.  The Court's decision here however goes way beyond that, as it often has.   But Cruz's idea is to basically get rid of the distinct judicial role altogether, and replace it with political offices, which would enshrine the Court's authority as a law-making body by removing democracy as a limiting claim.  Now the Court can exercise even greater authority into the affairs of the people, and claim that they have democratic license. And at that point you get rid of any conception of precedent or reliability in the law, and you allow for legislative tyranny, where you are judged by the very people who make the law.   The entire idea of the separation of powers falls apart.   
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