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Undertoad · 04-20-2003, 03:52 PM

"Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and..."

Ergo, the system of courts set up in Section 1 has the power to judge cases.

Can the Supremes make an unconstitutional decision? Their power does not extend above the Constitution. But they have the power to judge all cases arising under it.

So they CAN'T say "The first amendment is null and void." But they CAN most certainly say "The first amendment doesn't apply to this case."

Now, sadly, there is little practical difference. But that's part of why it's a fluid system; we do the best we can, knowing that perfection is impossible.

04-20-2003, 03:52 PM	#9
Undertoad Radical Centrist Join Date: Jan 2001 Location: Cottage of Prussia Posts: 31,423	"Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and..." Ergo, the system of courts set up in Section 1 has the power to judge cases. Can the Supremes make an unconstitutional decision? Their power does not extend above the Constitution. But they have the power to judge all cases arising under it. So they CAN'T say "The first amendment is null and void." But they CAN most certainly say "The first amendment doesn't apply to this case." Now, sadly, there is little practical difference. But that's part of why it's a fluid system; we do the best we can, knowing that perfection is impossible.