Comment by ska

5 years ago

That's kind of the point of a supreme court; the realization that it's impossible to get all of this stuff right in a legislative body and someone has to resolve the conflicts.

No dude, that's the point of having written laws.

Since Hammurabi.

  • And when those written laws are unconstitutional? That’s the purpose of the Supreme Court: a check on the legislature and executive branches.

    • > That’s the purpose of the Supreme Court: a check on the legislature and executive branches.

      This is correct, but not intended to be the source of law(1). In fact, Supreme Court decisions aren't a law per se, but a deterrent in creating legally questionable situations.

      (1)A Supreme Court decision is made moot by legislation, as per any law, but the deterrent is significantly weaker in practice than a written law as it's scrutinized more closely as a matter of interpretation, court makeup, and public opinion.

      2 replies →

  •   No dude, that's the point of having written laws.
    

    Which invariably need interpretation and evaluation for consistency; hence a court with oversight.