LAWS

Sgt Fluffy said...

Yes the Supreme Court hears cases involving the Constitution, BUT Only because the John Marshall in 1803 in the case of Marbury v Madison established the concept of judicial review.

This decision granted the Supreme Court as the final decision on Congressional or Executive decisions and the ability to overturn them. This was not a power granted to them in the Constitution, it was a power grab by them to proclaim that they and they alone were the actual decision makers. This has been a long standing problem with the Supreme Court because a lot of Justices have imposed their beliefs on the Country bypassing the electoral process as set forth in the Constitution. Thus giving birth to the living breathing document mumbo jumbo. I believe Reagan, Bush Sr and Bush Jr have set forth correcting that, by nominating judges or jurists who will interpret the Constitution and not legislate from the bench. Though some have been disappointment it is at least a start.

It's all part of the concept set up in the Constitution called "Checks and balances." Not one branch of Government has absolute power. The Executive is reviewed by the Legislative, the Legislative is reviewed by the Judiciary, the Judiciary is reviewed by both the Executive and Legislative. That is why all nominees to the Supreme Court have to be comfirmed by Congress.