your regular reminder that Judicial Review is not anywhere written in the Constitution but "participants in an insurrection are automatically barred from holding office" is.
if already wasn’t apparent from his behavior on the court, Alito is straightforwardly an insurrectionist and should not be there. www.nytimes.com/2024/05/22/u...
"ah this legislative power that overrules the other branches of government is so obvious that we don't even need to write it down" is not how the rest of the constitution was drafted bsky.app/profile/aih....
Judicial review exists because if you accept that the government is obligated to abide by the highest law in the land, and that courts are the venue where legal disputes are resolved, then OF COURSE it's within the judiciary's purview to decide that a government action violates said supreme law.
You would think this would be something you might want to clarify when moving from the English legal system which lacks any written constitution whatsoever to one based on a written constitution that has supremacy over other laws but maybe they just forgot?
the problem here is that judicial review existed in the colonial system as well. it was a part of the anglo-american legal system for at least a half century before independence.
it wasn't like it is today though. from 1776 through most of the 19th century strong judicial review was highly controversial and contested by multiple presidents and most members of Congress
the attitude on the right is that since liberals somehow got away with the Supes not ethering away everything in the New Deal and declaring segregation un-Constitutional, forever on out *their* Supes gets to do absolutely whatever they want however they want as many times as they can
The true constitution is as follows:
1. Republicans can always tell you what to do.
2. You can never tell Republicans what to do.
Any deviation from this is of course un-American!!!
The true Constitution is not the liberal one you can find in a mere written document.
The TRUE Constitution is the one which is ever changing and evolving and only found written in the hearts of the angriest, most bitter and cruelest right wingers on the very farthest right.
