Justin Amash Introduces Bill to End Civil Asset Forfeiture Nationwide

Re:Justin Amash Introduces Bill to End Civil Asset Forfeitur... by sudosysgen on Friday December 18, 2020 @01:36PM (#25470311)

You must make the difference between the institution and the members. Just because Congress can change the makeup of the Court, doesn't mean that the institution has. It's a Catch 22 - in the end the final interpreter will always have absolute liberty over meaning.

And again, in theory Congress can make exceptions to it, but in the end its still up to the Supreme Court to decide that they make sense. A piece of paper has no meaning in and of itself.

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Re:Justin Amash Introduces Bill to End Civil Asset Forfeitur... by pram on Friday December 18, 2020 @02:58PM (#25471199)

Not true. The constitution doesn't actually grant the Supreme Court judicial review, that was the result of Marbury v. Madison.

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Re:Justin Amash Introduces Bill to End Civil Asset Forfeitur... by sudosysgen on Friday December 18, 2020 @07:56PM (#25473954)

Marbury vs Madison is a result of an interpretation of the constitution, and the constitution de facto grants that power to the highest court of appeal which happens to be the Supreme Court. As a result, the highest court of appeal essentially is the constitution.

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