Legislation does not change the Constitution. The ability to wage war as per the original intent of the Constitution remains in force until an amendment is ratified to change such power. And yes, I was aware of this resolution, but recognized it for what it is: unconstitutional. My buddy Loki adds, "Unfortunately, this may be too much for Tom's brain to process, but an act of Congress does not override the Constitution of the United States." - Douglass V. Gibbs
Doug is supporting Obama's prerogative to send the US military anywhere he wants to at any time simply on his say-so.
Doug is so stupid.. it's stunning really.. that he doesn't recognize that the same principle could be applied to any law passed by Congress. Obama could simply ignore the law, insisting that it's an "unconstitutional" law.
Doug and Loki are brain damaged beyond belief. They don't understand that just because it's their opinion that a law is unconstitutional does not make it so. That's why we have a judiciary. But, of course, Doug and Loki think judicial review is also unconstitutional... so there really is no judgement on the constitutionality of a law beyond what an individual thinks.
So, what these jackasses envision is basic chaos.. where there is no accountability and no consequences for anything or anybody.
....
I still need to parse something stupid Doug said last week. Maybe I can do it tomorrow.
1 comment:
Scholars would stop to consider what influenced the founders and the British system they wanted to improve upon.
The UK has parliamentary supremacy: the law is whatever Parliament says it is. How can there be a "tyranny" of the English judiciary when they sat as a judicial committee of the House of Lords?
That is why the founders wanted a separation of powers. Like other Enlightenment thinkers, they knew power concentrated in one Branch would deprive liberty.
The founders deliberately set up therefore three separate and equally powerful branches. SCOTUS is not a mere Senate committee- it is a separate and distinct branch for a reason- because the legislature and/or public opinion is not final arbiter of what's constitutional.
That is why judicial review is implicit in the us constitution.
Further, about 13 of the founders were English barristers. Come to Middle Temple library and you can see many were members of that Inn.
Here's the best part: the constitution expressly mentions "common law". Where do the legal geniuses that are doug and Loki think common law came from or what it is?
They are broken records and cannot cope with critical thinking.
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