General Discussion
In reply to the discussion: Are The American People Being Spied On Or Not? [View all]treestar
(82,383 posts)not passed because they are unconstitutional in your opinion. I pointed out you don't get to decide, the law can be challenged in court however. Then it's society's decision, from that institution.
This has nothing to do with Bush's policies, which of course were all crap. However, when he signed a bill into law, it became law as has been the case since 1787. And it would stay the law without judicial review as decided in Marbury v. Madison, about 1801, which said the courts did have the power to overturn a law if it violated the constitution, even though democratically passed by elected representatives. That means the majority cannot have their way if the courts think it violates the constitution (which conservatives complain about and call legislating from the bench, etc.)
You take the position 1 - I don't like this law, therefore 2- it is unconstitutional, therefore 3- Congress should just not pass it! But if they do, then 4- the President should just not enforce it! So there, but it should be all my decision, and the rest of society should abide by it.