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Discussion Starter · #1 ·
Does SCOTUS have the power to declare the Bill of Rights null and void due to a "compelling government interest"?
 

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I don't think so but it won't stop them from trying.
 

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Sure they do. That is the first part of the strict scrutiny analysis. See Korematsu v. United States. Concentration camps = A-OK.
 

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Discussion Starter · #4 ·
Sure they do. That is the first part of the strict scrutiny analysis. See Korematsu v. United States. Concentration camps = A-OK.
I suspected so. Excuse me :puke:
 

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Like a Boss
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SCOTUS has upheld many laws that seem to me to pretty clearly violate the plain text of the Bill of Rights. Even the "strict scrutiny" standard allows the court to uphold laws that violate the Constitution if the government proves it's really, really important and there's no better way to do what they want to do. So I think the clear answer to your question is "yes, it has that power and exercises it frequently."

On the other hand, SCOTUS has no explicit Constitutional authority to rule on the constitutionality of laws in the first place. If Marbury v. Madison had been decided differently, it's possible that SCOTUS would not have the authority to apply judicial review, and no law could ever be overturned in the courts for violating the Constitution. So the alternative question is "does SCOTUS have the power to nullify laws that violate the Bill of Rights?", and the current answer is "yes, it has that power and exercises it at least some of the time", which is probably better for our rights than "no, it doesn't have that power."
 

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SCOTUS doesn't even have the authority to interpret the constitution, much less declare parts of it void. they illegitimately gave themselves that authority not long after the constitution was signed (marbury vs madison).

government disregarding the law and over-reaching for power didn't just begin recently. it has been their very nature from the beginning.
 

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GeePeeDoHolic
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Declaring the entire BoR "null and void" is a bit far-reaching. In this particular case, they ruled against the government, as the penalty (loss of citizenship) was not constructed to provide the citizen with due process guaranteed in the 5A. But their statement below declares that the government absolutely has the powers delegated to it.

Kennedy v. Mendoza-Martinez
372 U.S. 144 (1963)
While it confirms citizenship rights, plainly there are imperative obligations of citizenship performance of which Congress in the exercise of its powers may constitutionally exact. One of the most important of these is to serve the country in time of war and national emergency. The powers of Congress to require military service for the common defense are broad and far-reaching, for, while the Constitution protects against invasions of individual rights, it is not a suicide pact. Similarly, Congress has broad power under the Necessary and Proper Clause to enact legislation for the regulation of foreign affairs. Latitude in this area is necessary to ensure effectuation of this indispensable function of government.
https://supreme.justia.com/cases/federal/us/372/144/case.html

Just declare an act "necessary and proper" and you're golden.

Article I Section 8 said:
The Congress shall have Power ... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
 

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SCOTUS doesn't even have the authority to interpret the constitution, much less declare parts of it void. they illegitimately gave themselves that authority not long after the constitution was signed (marbury vs madison).

government disregarding the law and over-reaching for power didn't just begin recently. it has been their very nature from the beginning.
This. Also, thanks for the info, MP.

Government has been over-reaching since the beginning when it was created, shortly after 1776.
 
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