Alito: Congress has no authority
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@Mik said in Alito: Congress has no authority:
SCOTUS has the authority to rein in the legislative and executive branches.
Not really. SCOTUS determines whether a law is constitutional or not.
The law is what SCOTUS says it is - see Marbury v Madison.
And for that matter, SCOTUS really has no authority to regulate how the executive or congress do their business.
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@Mik said in Alito: Congress has no authority:
@George-K perhaps, but the net effect is the same. See student loan forgiveness.
Not at all. They simply prevented the Executive from assuming powers that do not belong to that branch. The smaller package he pushed through later is likely fine. Closing errors in administration of the program is within his authority.
Student Loan Forgiveness can still happen. It just needs to go through Congress, as it always should have been addressed.
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Does the budgetary control provide Congress with an implied oversight?
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Does the budgetary control provide Congress with an implied oversight?
@LuFins-Dad said in Alito: Congress has no authority:
Does the budgetary control provide Congress with an implied oversight?
Good question. Seems to wrt the Executive.
Is that a Constitutional or legislative thing? IOW, did Congress just legislate itself the ability to oversee the Executive?
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Many of the rulings the left is bitching about could have been resolved without even getting to the courts through legislative process, but the Democratic controlled Congress chose not to codify Roe V Wade or Student Loan Forgiveness. Tough on them. The other cases involved preventing Government from infringing on the rights of individuals. They were frankly pretty cut and dry decisions. Implied rights ≠ Explicit rights.
This whole oversight issue is not about actually maintaining a true ethical standard for officials, otherwise 2/3rds of Congress would be removed from office. It’s about trying to find a means to punish the court for decisions that Congress doesn’t like. Not their job. Legislating is, and they are doing a damn poor job of it.
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Chris Murphy: Alito ‘stunningly wrong’ in saying Congress can’t regulate SCOTUS
“It’s just stunningly wrong. And he should know that more than anyone else because his seat on the Supreme Court exists only because of an act passed by Congress,” Murphy said Sunday during an interview on CNN’s “State of the Union.”
Murphy slammed Alito’s remarks to the Journal, saying Sunday it is “even more disturbing that Alito feels the need to insert himself into a congressional debate.”
“It’s just more evidence that these justices on the Supreme Court, these conservative justices, just see themselves as politicians. They just see themselves as a second legislative body that has just as much power and weight to impose their political will on the country as Congress does,” Murphy told host Kasie Hunt.
“It’s why we need to pass this common sense ethics legislation to at least make sure we know that these guys aren’t in bed having their lifestyles paid for by conservative donors, as we have unfortunately seen in these latest revelations.”
Pass the popcorn. Congress passes "common sense legislation." Someone (with standing - a SCOTUS Justice, perhaps?) sues. SCOTUS determines such legislation is unconstitutional based on separation of powers.
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To me, it makes sense to have some sort of "ethics" requirements, no matter who puts it in place, even if they do it themself.
Not sure why the Supreme Court judges seem to be resisting it.
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To me, it makes sense to have some sort of "ethics" requirements, no matter who puts it in place, even if they do it themself.
Not sure why the Supreme Court judges seem to be resisting it.
@taiwan_girl said in Alito: Congress has no authority:
Not sure why the Supreme Court judges seem to be resisting it.
Co-equal branch, and it's a matter of
not letting the camel poke its nose under the tent flapprinciple. The Supreme Court has no authority over how Congress elects its committee memberships, what the rules for legislation are, or what ethics rules it implements. That door swings both ways.
