Tenth Amendment Center | Supreme Court Offers Opinion, Doesn’t Make Law

Whenever state laws are overturned by the Supreme Court, such decisions are often cited as repudiation against any sort of argument for their legitimacy. While case law is regularly debated, the court’s constitutional power to make such reversals is rarely questioned. Courtly precedents are usually referenced in support of such actions rather than a constitutional basis.

But the power to offer opinion does not equal the power to make law. While today, most believe that Supreme Court justices carry an aura of infallibility in doing so, that perception was not always so clairvoyant.

The Constitution grants very little power to the federal judiciary for a reason. Since British history was rife with treacherous kings who packed the royal courts with those who would innately endorse their aims, the founders embraced the separation of powers doctrine espoused by Charles de Montesquieu for a reason. The judges serve for life to separate them from kingly and pragmatic interests, not for assurances of power.

Source: Tenth Amendment Center | Supreme Court Offers Opinion, Doesn’t Make Law

About SARTRE 4143 Articles
"Populism" best describes the approach to SARTRE's perspective on Politics. Realities, suggest that American Values can be restored with an appreciation of "Pragmatic Anarchism." Reforms will require an Existential approach. "Ideas Move the World," and SARTRE'S intent is to stir the conscience of those who desire to bring back a common sense, moral and traditional value culture for America.

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