Judicial Review




Say the words, “Judicial Review” to most Talk Radio Show Hosts and you get to watch them go ballistic as they explain why judicial activists are ruining the country. In recent days we have seen a whole lot of this argument, as the 9th Circuit Court upheld a stay against the Immigration Executive Orders of President Obama.

court10n-3-webThe Governments argument before the Court was that the Orders were not/are not “reviewable.” That is to say that the Court has no power or jurisdiction to overturn the orders.

Whether or not you support the Orders or oppose them, there is a basic misunderstanding as to exactly what the argument was last week – and it wasn’t whether or not Immigrants from seven Islamic ruled nations should be admitted or not to the country. In fact, it was the same basic argument that the Supreme Court first heard in 1796, when Alexander Hamilton himself argued that a tax on Carriages was Constitutional.

The Court agreed that it was in fact, not a direct tax and therefore Constitutional. More than that however, they made it clear that because they agreed, there was no need for “Judicial review.”

But it wouldn’t be long before they would see the need for it…

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About Dave

Talk Show host, lifelong Baseball and Star Trek fan, US Navy Submariner and Fire Control Technician (Ballistic Missile) 1st Class Petty Officer (Submarine Qualified), Dave is married with four daughters, one son, two sons-in-law and two grandchildren plus one on the way. He resides quietly in Manteca, CA, where he records his podcast, Plausibly Live, three days a week. He also writes for several other blogs and as a "Stay at home Dad" plays a lot of games with his son. Dave loves books, history and is learning to weld and drive a forklift. Just for fun. Dave is also a Life Member of the Disabled American Veterans and a Member of the US Submarine Veterans.

Posted on February 10, 2017, in Article I, Constitution and tagged , , , , , . Bookmark the permalink. Leave a comment.

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