The other day the Supreme Court narrowed a ruling on torture of certain people by Americans because Congress "hadn't given the court jurisdiction" over that area.
My question: since when has the Supreme Court had to ask Congress for jurisdiction over anything? Marbury vs. Madison in 1803, the first case to establish judicial review, was a clear case of the Supreme Court stepping in and saying "Hi, remember us? We're the third branch of government and we're going to weigh in here."
For the Supreme Court to hover around, fretting and biting its nails, waiting for Congress to throw it a bone is absurd.
Point being: the Supreme Court has de-facto jurisdiction over ANY action that Congress (or the President for that matter) could take. That's what being a 'nation of laws' means: nobody is above the law. Ever. Period. End of sentence.
My question: since when has the Supreme Court had to ask Congress for jurisdiction over anything? Marbury vs. Madison in 1803, the first case to establish judicial review, was a clear case of the Supreme Court stepping in and saying "Hi, remember us? We're the third branch of government and we're going to weigh in here."
For the Supreme Court to hover around, fretting and biting its nails, waiting for Congress to throw it a bone is absurd.
Point being: the Supreme Court has de-facto jurisdiction over ANY action that Congress (or the President for that matter) could take. That's what being a 'nation of laws' means: nobody is above the law. Ever. Period. End of sentence.
