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View Diary: Book discussion: Eyal Press' 'Beautiful Souls' ... and whether Edward Snowden is one of them (47 comments)

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  •  Until that law has seen the supreme court (0+ / 0-)
    Until that law has seen the supreme court that law is also illegal.
    I respectfully disagree.  According to that line of reasoning, no law is legal unless and until the Supreme Court finds it to be Constitutional.  That is now the way that our system works.  Laws (statutes, regulations, ordinances) are presumptively valid and remain in effect until struck down as unConstitutional.

    Our system could not function if the quoted statement were true.  The Supreme Court does not have the resources to screen every statute, every federal regulation, let alone every State statute, regulation, county or city ordinance, etc.

    It is worth noting that the Constitution does not explicitly grant the Supreme Court the power to review statutes, etc. for Constitutionality.  i do subscribe to the principle that the Supreme Court has that power, but it is an implicit power, not an explicitly conferred one.

    Obviously, some statutes and ordinances are unConstitutional on their face.  But they are on the books, and it takes either a repeal or a successful court challenge to void them.

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