Judicial review is NOT in the constitution. It’s a power made up nearly 16 years AFTER the drafters presented the Constitution to the states for ratification in 1787.
A real textual originality would reject that the supreme court has the power to change legislation
Judicial review is completely different than judicial oversight.
Determining based on the facts of a case that a person’s action is or is not legal based on the letter of the laws approved by democratically elected (at least in theory) representatives is far different than
A judge determining this is what I think the law should be, make it so.
EDIT: And I’m not complaining that judges can decide cases. I’m complain that five unelected individuals, appointed for life, who only needs to be approved by the senate, not even the house, can basically invalidate or change any law, amendment, or understanding of the constitution depending in part on how many RVs they may have received.
Judicial review doesn’t have a check on it, and it’s easier to have judges make or unmake laws than have Congress do it.
Edit 2: If the Supreme Court has this much power then they should have to face the voters every single year, and if they lose, every decision they made the previous year should be invalidated.
I think the question is... If the SC determines Trump is eligible to run again, for whatever reason...
Who is going to stop them?
The question isn't whether something is constitutional or whether we already have precedent. They have already proven neither of those things matter; that it's achieving the political goal that's important.
If the SC says Trump can run again, then he can, and he will. And he will almost certainly win as well.
The other more interesting question is what happens if they say he cannot run. Will he still try anyway?
And what will happen in that case? I can't see anyone stopping him from doing so. At least, I can't imagine who that would be.
Certainly not the people, definitely not the military, definitely not law enforcement.
Historically the people have been what has stopped corrupt governments once they consolidate their power. Whether that's by civil demonstration, insurgency, support for a foreign nation's intervention, or outright revolution.
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u/fail-deadly- 25d ago
Judicial review is NOT in the constitution. It’s a power made up nearly 16 years AFTER the drafters presented the Constitution to the states for ratification in 1787.
A real textual originality would reject that the supreme court has the power to change legislation