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Author Topic: Judicial review vs Judicial supremacy  (Read 373 times)

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Online Bigun

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Judicial review vs Judicial supremacy
« on: February 24, 2025, 07:25:28 pm »
Judicial review vs Judicial supremacy


If you don't understand the difference between judicial review and judicial supremacy you need to watch this 40 minutes over and over again until you do!


https://www.youtube.com/watch?v=04vLq4JpnEE
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"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline bigheadfred

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Re: Judicial review vs Judicial supremacy
« Reply #1 on: February 24, 2025, 07:33:47 pm »
 :bkmk:
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She asked me name my foe then. I said the need within some men to fight and kill their brothers without thought of Love or God. Ken Hensley

Offline andy58-in-nh

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Re: Judicial review vs Judicial supremacy
« Reply #2 on: February 24, 2025, 08:31:24 pm »
Quote from: Bigun on February 24, 2025, 07:25:28 pm
Judicial review vs Judicial supremacy


If you don't understand the difference between judicial review and judicial supremacy you need to watch this 40 minutes over and over again until you do!


https://www.youtube.com/watch?v=04vLq4JpnEE

Great post @Bigun.

The dispositive issue in Constitutional law has always been one of text vs. precedent, and of the equal powers of each governmental branch to act in accordance with the authority granted to them through the Constitution and always and finally, by the people. 

I do not believe that our Founders, even the Federalists such as Alexander Hamilton intended the Supreme Court to be a final and decisive arbiter of the meaning and extent of the powers granted to each. The end result of such a system of government was not intended to be discord or chaos, as is often advanced as justification by the proponents of Judicial supremacy, but instead of a continuous search for truth prescribed by Constitutionally-limited and defined powers of representative government, and as a natural consequence, a nation characterized by maximum human liberty consistent with an orderly society.
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"If all men are created equal, that is final. If they are endowed with inalienable rights, that is final. If governments derive their just powers from the consent of the governed, that is final. No advance, no progress can be made beyond these propositions. If anyone wishes to deny their truth or their soundness, the only direction in which he can proceed historically is not forward, but backward toward the time when there was no equality, no rights of the individual, no rule of the people."    -Calvin Coolidge

Online Bigun

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Re: Judicial review vs Judicial supremacy
« Reply #3 on: February 24, 2025, 09:20:28 pm »
Quote from: andy58-in-nh on February 24, 2025, 08:31:24 pm
Great post @Bigun.

The dispositive issue in Constitutional law has always been one of text vs. precedent, and of the equal powers of each governmental branch to act in accordance with the authority granted to them through the Constitution and always and finally, by the people. 

I do not believe that our Founders, even the Federalists such as Alexander Hamilton intended the Supreme Court to be a final and decisive arbiter of the meaning and extent of the powers granted to each. The end result of such a system of government was not intended to be discord or chaos, as is often advanced as justification by the proponents of Judicial supremacy, but instead of a continuous search for truth prescribed by Constitutionally-limited and defined powers of representative government, and as a natural consequence, a nation characterized by maximum human liberty consistent with an orderly society.

 :yowsa: Hamilton, the most big government guy around at the time,  says as much several times in his federalist writings. @andy58-in-nh 
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"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien
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