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ragingloli's avatar

Do you think that laws, federal or state, should be examined and ruled on by the Supreme Court as to their constitutionality, before they are passed?

Asked by ragingloli (51973points) February 7th, 2021

Since laws, if they are objected to, would have to be ruled on anyway, I do not think it would give the judiciary too much power, while it would disencumber the lower courts.

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10 Answers

elbanditoroso's avatar

No, not at all. The court cannot possibly anticipate all of the variants that people do in their lives. To make that sort of determination before the law is even passed is ludicrous. It would mean living in a static, stagnant country, because people would be limited by the unfounded decisions of a set of nine old people in Washington.

This is perhaps the worst idea for governance ever.

Tropical_Willie's avatar

That’s not how it works.

JLeslie's avatar

Laws only get ruled on by the Supreme Court if the law gets challenged and makes its way up to the Supreme Court. The court doesn’t have time to hear every little law. The Court doesn’t even hear all cases that are asked to go to the Supreme Court.

I do agree states make all sorts of laws that ignore the constitution and try to chip away at prior court decisions, and that’s frustrating, but I don’t see it being feasible to check with the US Supreme Court for everyone law proposed and passed at the state and federal level.

zenvelo's avatar

This question demonstrates a fundamental misunderstanding of how the courts work. Courts ooften rule on the specifics of a case, not the law in Toto. And they also dual with nuances of the law that differ from stated policies or intentions of the law.

stanleybmanly's avatar

And there would be the unsettling consequence of a vastly overburdened Supreme Court. The 50 states, their cities and counties enact an enormous volume of legislation.

kritiper's avatar

We have a Supreme Court here in Idaho, but it is usurped by the United States Supreme Court. We also have our Idaho State Constitution that is usurped by the US Constitution.

zenvelo's avatar

@kritiper The SCOTUS and The US Constitution do NOT usurp the courts or the Constitution of Idaho. Usurp means to take illegally or by force.

The State of Idaho agreed to be admitted to the Union, which means agreement as to the primacy of the US Constitution and to the primacy of the SCOTUS on Federal matters.

JLoon's avatar

In Amurika the Supremes don’t get to touch nasty laws until taxpayers & voters have been thoroughly punished and demoralized.

Because that’s what it says in the Bible.

And on Lawn Order.

Ignorant foreigner.

By the way, would you like to buy some frozen breast milk?

kritiper's avatar

@zenvelo Sorry. Wrong use of terminology.
But people tend to not know that the US is made up of 50 independent states, like countries, and each state has it’s own laws different in some ways than the others. The SCOTUS and the US Constitution honor these individual states and allow them to have their own way so long as the state’s laws don’t violate the US Constitution. (Keep in mind the term “States Rights” and what it meant before the Civil War.)

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