Ben Carson: US should rethink Supreme Court review of laws

[IDemo]

Source: Washington Post

WASHINGTON — Republican presidential candidate Ben Carson says the United States should rethink the notion that a president must enforce laws the Supreme Court declares constitutional.

Carson said Sunday “we need to discuss” the court’s long-held power to review laws passed by Congress. That authority was established in the 1803 landmark case Marbury v. Madison.

Carson was asked on “Fox News Sunday” whether the executive branch is obligated to enforce laws that the Supreme Court declares constitutional. Carson said it’s an open question that deserves debate because the “original intent” of judicial review has changed.

Carson has said a president is obliged to carry out laws passed by Congress, but not what he called “judicial laws” that emanate from courts.

Read more: http://www.washingtonpost.com/politics/ben-carson-us-should-rethink-supreme-court-review-of-laws/2015/05/10/debd1ba4-f72f-11e4-a47c-e56f4db884ed_story.html

[SoapBox]

1. Uh huh....

Like I would trust something, anything, that someone making a publicity appearance on FuksFakeNews AND that has an (R) or (TB) [for TeaBagger] after their name.

Ya got no cred, Dr. Klown Kar.

[Romeo.lima333]

2. great idea lets toss out citizens united and the 2nd amendment granted by scotus

[bulloney]

3. If this goober is elected POTUS (god forbid), does he realize that he takes an oath

swearing to uphold the U.S. Constitution?

The Oath of Office:
I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.

Article 2, Section 1 of the Constitution requires that before presidents can assume their duties they must take the oath of office. The completion of this thirty-five-word oath ends one president's term and begins the next.

This year's Republican clown car really has gone over the edge where their candidates literally say ANYTHING.

[cosmicone]

10. They are using an off-road vehicle as the clown car this time. n/t

[Faygo Kid]

4. OK, that's it, I've had it with these assholes and their "interpretations"

I am not boasting, but just to establish my creds, I won the Book Award in Constitutional Law in law school more than 30 years ago as outstanding student in that subject. So I know a little bit about this. Chief Justice John Marshall - a towering figure in American history, and a really good guy to have dinner and a glass of wine with - established the principle of judicial review in interpreting the Constitution. For the most part, it has served us very well (exceptions include Plessy v. Ferguson, and of course the heinous Citizens United decision). But this is absurd. John Calhoun pushed for "nullification," and Andrew Jackson said he would hang him. What we need are Supreme Court justices who will properly interpret the Constitution, instead of those who manipulate it to serve their own devices (hello Scalia, Thomas, Alito). Carson is a bright and accomplished person who is also embarrassing himself as a fool.

[KG]

5. it's ludicrous to hear carson, cruz, and the rest of the clown car being discussed in a serious

manner on NPR.

[They_Live]

14. NPR was compromised long ago by Bushites/RWNJ

as National Geographic has now been compromised (they have eliminated letters to the editor, which is very telling). All about controlling the message , the info, and the conversation/argument.

[marble falls]

6. Especially campaign financing laws, I bet.

[Arkana]

7. So what he's saying is...

"We should damage the whole 'separation of powers' concept because they're doing things I don't like!"

[William Seger]

8. Carson is no Constitutional scholar

Original Intent & Judicial Review

The Constitution does not expressly provide for judicial review. What should be made of this fact? Does it suggest that the framers did not intend to give the courts such a power? Not necessarily, although that is one explanation for its absence. It is also possible that the framers thought the power of judicial review was sufficiently clear from the structure of government that it need not be expressly stated. A third possibility is that the framers didn't think that the issue would ever come up, because Congress would never pass legislation outside of its enumerated powers.

Only 11 of the 55 delegates to the Constitutional Convention, according to Madison's notes, expressed an opinion on the desirability of judicial review. Of those that did so, nine generally supported the idea and two opposed. One delegate, James Wilson, argued that the courts should have the even broader power to strike down any unjust federal or state legislation. It may also be worth noting that over half of the thirteen original states gave their own judges some power of judicial review.

http://law2.umkc.edu/faculty/projects/ftrials/conlaw/judicialrev.htm

[Gregorian]

9. This is literally terrifying.

Anyone who doesn't find it so, is living in a make believe land of comfort, not realizing just how far we have to fall.

[cosmicone]

11. "How to tarnish a brilliant and unblemished reputation for good."

Title of Ben Carson's next book ... to come out right after the primaries are over.

[Cryptoad]

13. ,,or "Im no better a Politican than I am a Doctor"

[cosmicone]

16. He is a brilliant doctor

He completely and metaphysically sucks as a politician.

[olegramps]

19. I think that it is very strange that he retired at 51.

[Hassin Bin Sober]

20. That's been bugging me too.

I'm beginning to wonder if his so called brilliance is just bullshit that gets regurgitated unquestioned.

[Cryptoad]

22. To me a Doctor who wants to be a Politican

aint much of a Doctor! you may be right Sober

[csziggy]

27. Neurosurgery requires exceptional eye/hand coordination

From what I've read a lot of neurosurgeons stop operating fairly young before they lose that extraordinary talent.

Dr. Carson actually did not retire until 2013:

In March 2013, Carson announced he would retire as a surgeon, stating "I'd much rather quit when I'm at the top of my game".[25] His retirement became official on July 1, 2013.
http://en.wikipedia.org/wiki/Ben_Carson#Medical_career

He was born in September 1951 so was 61 when he officially retired - definitely past his prime.

Many brilliant people have a sort of tunnel vision for their field of knowledge. They can be the best in the world at their specialty and know nothing at all about the world in general. But since they are so great in their selective field, they may think they know a lot about everything. I wonder if Dr. Carson fits in that group?

[rpannier]

29. More money in being a Huckster-Palinesque grifter

And there's no malpractice insurance or office hours that must be held
No need to stock up on supplies
The crazies come to you
Other people pay for everything

[Cryptoad]

12. Come on Rethugs,,,,,

either you love the Constitution or you don't..... you can't have it both ways!

[sulphurdunn]

15. Since when did striking down

an act of Congress by the Supreme Court become a "judicial law?" Could one accurately refer to such an asinine comment as an "oxymoran?"

[starroute]

17. This makes no sense even aside from the constitutional issues

He says a president has to carry out laws passed by Congress but shouldn't have to enforce laws the Supreme Court has found constitutional.

Huh?

But the original Fox News question makes no sense either. It seems to boil down to asking whether the president is obligated to enforce the laws. I could understand if they were asking whether the president could ignore laws that might potentially be found unconstitutional, like DOMA. But that isn't apparently what was said.

I understand this is really about resentment of so-called "judicial activism" and therefore doesn't have to make sense. But you'd think they'd at least pretend to keep their arguments straight.

[Vinca]

18. So he's saying there is no need for the Supreme Court.

[dixiegrrrrl]

30. Funny thing..that is what Bush thought too.

And no need for that "quaint" Constitution.

[Paladin]

21. I'm not buying the "world-famous neurosurgeon" thing, any longer.

Given his public utterances, I wouldn't trust Carson to open a can of tuna, much less a human brain. Republicans really know how to pick 'em.......

[William Seger]

23. The problem seems to be...

... that he allows his "conservative" ideology to override his rational brain. There are lots of Republicans who aren't actually stupid; they just sound like it when they talk politics.

[Bossy Monkey]

24. After all, there are supreme pizzas, and they aren't necessarily the best! n/t

[Archae]

25. Had there been Carson's views in effect 60 years ago...

There would BE no Dr Carson.

Brown vs The Board Of Education would have been ignored.

[Gothmog]

26. Ben Carson has no idea as to how our system of government works

Carson is an idiot

[alfredo]

28. "Judicial laws" are defined as laws the right wing doesn't like, that they challenge, and lost.

[treestar]

31. geez if it weren't for the courts

he's still be a second class citizen.