The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Tuesday, February 26, 2013

Why do the Supremes even get a say?



The 15th Amendment says in its entirety,

Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Section 2. The Congress shall have power to enforce this article by appropriate legislation

Why is it up to the Supremes to decide whether this is “appropriate legislation” under the 15th Amendment?

Why isn’t that the congress’s call?

Oh, right.

Because John Marshall said the Supremes have the last word on deciding the constitutionality of anything and nobody and nothing can overturn their decision but another supreme court.

Balance of powers?

Really?

Do you really think the framers or ratifiers intended a judicial veto that could not be overridden?

And is such a thing wise?

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