What is Constitutional?
Who decides?
According to the Tenth Amendment, any power or authority that is not granted to the government of the United States, in the Constitution, which is not prohibited to it by the states, is reserved to the states, respectively or to the people.
The authority to interpret the Constitution was not garnted to the legislative, executive or judicial branches of government, so therefore it is a power reserved to the states.
Contrary to what you have been taught, they are not appointed for life. According to Article III, they serve during periods of good behavior. We have also been taught that they have the power to determine what is and is not Constitutional.
This mythical power of Judicial Review was invented by Chief Justice John Marshall in 1803 in Marbury V. Madison and ever since, the limp-wristed members of Congress have surrendered the power to interpret the Constitution to nine clowns dressed in gowns.
Giving the keys to interpret the Constitution to the lawyers on the Supreme Court would be like providing Jack the Ripper with the keys to a girl's dormitory.
Article III, Section 1
"The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office."
It was the states which created the government of the United States. The PEOPLE created the Legislative, the Executive and Judicial Branches of government and they should be the ones responsible for determining what is and what is not Constitutional.
Members of Congress represent the people and should determine the Constitutionality of all proposed legislation before voting on it. The President would have the responsibility to veto any legislation that in his opinion would violate the Constitution. We don't need a panel of un-elected attorneys making those important decisions for us.
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