Oral Arguments

[ActualSpamBot]

Scalia understands the importance of allowing the people, via their representatives and not via the judiciary, to determine the constitutionality of laws.

Just because Congress passes a law doesn't make it constitutional. And if a law is thrown out on those very grounds, then SCOTUS did their job they manner in which it was intended in the very document they are trying to uphold.

Maybe I'm misunderstanding you but these two posts seem to be saying the exact opposite of each other. In one you seem to say that is the job of people and their elected leaders go decide if something is constitutional. In the second you say Congress is not the arbiter of constitutionality, the courts are.

Which is your opinion?


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