The Supreme Court is no more powerful than the Congress or the
Presidency. We are subject to the combined rule of three branches of a
federal government whose roles include providing a check and balance for
the power of each other. The Supreme Court can be overruled by the
combined power of the Congress and the Presidency by amending the U.S.
Constitution. That process is designed to be difficult and lengthly
specifically to make its use infrequent.
Wow. This must be new. I always thought politicians spoke clearly and
wrote laws without fluff or legaleaze that might make their meaning
Realistically, a good amount of the fluff that gets written into our
laws is exactly so that the 'reason' a law is passed is incorporated
into its text and is therefor available as fodder in the fight that some
'activist judge' is going against the original meaning of the law; but I
Legislators write laws to be open to situational interpretation because
to do otherwise greatly reduces the power and effect of the law. The
flexibility increases the likelihood that they will not be nullified,
but rather will be applied and made part of the legal fabric of our society.
It's not politically expedient to admit this, Mark, but the course of
the law is slow, and horribly intricate. The democratic thingy, of
which you seemingly speak so fondly, however, is often the actions of
short lived political personalities catering to their money base,
burning out in a blaze of passing a few bills that will have to be
overturned following legal challenges because allowing them to exist
would nullify tens or hundreds of other laws the court rightly deems to
be more valuable.
Worse, the passage of those laws is usually done as a "you scratch my
back and I'll scratch yours" with more senior (and more likely to stay
in power) legislators who know the are unlikely to stand, but again are
more interested in their own battles.
No man is an island, and no law stands alone in the judiciary. Every
law competes and interacts with other related laws for application in a
situation; and it is really that choosing of which law will win out that
the courts must do. It is situational. It is political. It is how the
system was designed, and while it is easy to complain about it, there is
nothing currently available that is better.
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