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congress being on equal ground w/ the judiciary is news to me? (and probably a lot of political scientists) polisky www.washingtonpost.com/politics/202...
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in college we were taught that congress has more power—including very broad powers over SCOTUS—because the people who built our government were really over the whole monarchy thing. and remember, congress has constitutional amendment powers, not the judiciary...
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I always envisioned SCOTUS as the parent or grandparent that you REALLY did not want to go to to resolve disputes, because you know everyone was getting their ears boxed and a slap, but sometimes things got so off the rails you needed a reset and all gave in and asked for them to intervene.
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And most of the time they were like "Work your shit out, you embarrassing children" but every so often they did intervene and both sets of children lost some, because that's the consequence for not handling your shit. (As an adult I realized... that has not functionally been it.)
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Even if you are really into the co-equal, checks and balances thing, if the judiciary can eliminate legislation at will, and the only check on them is consent for an appt. from the Senate (which they also think should be rubber stamped), the judiciary *obviously* supercedes the other branch.
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"And by 'lower octane' we obviously mean no octane at all in Durbin's case"