Re:Supreme Court expands meaning of 'seizure' under 4th Amen...
by JumpCrisscross on Friday March 26, 2021 @02:42AM
(#26589386)
> If you take that critique seriously, then the courts shouldn't have that power and congress should decide what is constitutional as they are actually elected and represent legitimate authority
Philosophically, I like this argument. Practically, dear god.
The U.S. system was supposed to balance the stability of monarchy (executive) and aristocracy (judiciary) against the justness of democracy (legislative). Our executive is, by design and decidedly, not monarchic. That removes a "slow thinking" system, leaving the "fast thinking" executive and legislature. We see the results in our political volatility.
Given the last two hundred years, Marbury was right. We needed a dampener, so to speak. People not incentivized by poll numbers.
P.S. Thank you. This has been a fun discussion and distraction.
Philosophically, I like this argument. Practically, dear god.
The U.S. system was supposed to balance the stability of monarchy (executive) and aristocracy (judiciary) against the justness of democracy (legislative). Our executive is, by design and decidedly, not monarchic. That removes a "slow thinking" system, leaving the "fast thinking" executive and legislature. We see the results in our political volatility.
Given the last two hundred years, Marbury was right. We needed a dampener, so to speak. People not incentivized by poll numbers.
P.S. Thank you. This has been a fun discussion and distraction.