James Madison thus wrote that giving the judiciary the last word on constitutional questions “was never intended, and can never be proper.”
“In short, they are independent of the people, of the legislature, and of every power under heaven. Men placed in this situation will soon feel themselves independent of heaven itself.”
Interesting article. Runs counter to the common myth.
With two very easy repeals, you have just completely neutered the Federal Courts.
The Federal Courts only wield the power they do because Congress permits them to do so. Congress could end that in a heartbeat if they wished to do so.
The State courts would have final interpretation of the 14th Amendment in most cases, other than civil rights and voting rights cases under the proposed changes.
The Founders never intended a lot of things. They never intended for us to have a standing army either, let alone a standing army with multiple branches.
Supremacy Clause. States Rights don’t Trump the Constitution especially when it comes to the criminal Justice system. Just because Texas believes they have the right to do Terry Stops doesn’t make it ok for Texas to violate the Fourth Amendment. That being said, we have law enforcement outright doing a lot of ■■■■ that isn’t Constitutional. Civil Forfeiture for example.
You do realize I am just laying out a scenario that I have said in the past will not happen.
No they are not going to do it.
I was laying out a what if scenario.
In any event, all States have a Bill of Rights in their State Constitutions which would still be binding on State courts. Different States courts might come to different interpretations of those rights. Perhaps better, perhaps worse than the current federal interpretations.
First of all, let’s discard the inaccurate and worthless term, State’s Rights. The proper distinction is between enumerated and reserved powers. Neither the State’s nor the Federal Government has rights. Only natural person’s have rights.
And I am not endorsing anything you mentioned.
As in the previous post, just laying out a what if scenario, nothing more.
Again, under the “scenario” I laid out, the State Supreme Courts would become the final interpreter of the due process clause, as the cases would not be able to be brought to the United States Supreme Court.
And again, so nobody misinterprets, I am merely laying out a scenario.