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Old 10-09-2003, 04:06 PM   #5
Radar
Constitutional Scholar
 
Join Date: Dec 2002
Location: Ocala, FL
Posts: 4,006
Quote:
Right, and A G A I N, that Constitutionality ought to be determined by the body that the Constitution says should determine it. I.e., not you.
Wrong A-G-A-I-N. The President is a public servant. He answers to ME. I and every other American determine the Constitutionality of his actions. 90% of Americans can barely read the Constitution let alone comprehend its meaning well enough to make this determination accurately (Like those who think that only the Supreme Court can have a valid opinion about the Constitution or those who think any decision the Supreme Court makes is automatically Constitutional)

There doesn't need to be a court case to determine whether or not his actions were Constitutional and the Supreme Court doesn't define the Constitution or "interpret" it. George Bush's actions were unconstitutional in their face. If I were to take a platoon of soldiers into a town and force people at gunpoint to allow soldiers to stay in their homes it would be unconstitutional. It wouldn't magically become unconstitutional when the Supreme Court's determination said it was. It would be unconstitutional the moment I did it. It would be unconstitutional even if the Supreme Court refused to hear the case. It would be unconstitutional even if it never went to any court anywhere and it wouldn't take a judge to determine it.

The best way to describe the job of the Supreme Court for someone like you is to describe it like a factory job. Imagine someone had a job where differently shaped blocks came down a conveyer belt toward them all day. And that person would pick up a block, look at the shape and see if there were a hole in a board where it would fit. If there were a round block, it would go into a round hole, a star shaped block would go into the star shaped hole, and so on. This is the job of the Supreme Court justices.

They get a law, hold it up to the Constitution and see whether or not it will fit. They don't figure out if they can make a new hole for the block to fit in. They don't make a new block to fit into a hole that hasn't been used. They don't try to grease up a block and hammer it into a hole where it doesn't fit. And they don't dictate which holes or blocks will be used or come down the conveyer belt. They are also not the only people with a conveyer belt or blocks so they aren't the only ones who get to compare the blocks and the holes.

I hope I've broken it down to shapes and blocks (an elementary level even you should be able to understand)
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