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this post was submitted on 29 Jul 2023
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Then what would stop Congress from creating blatantly unconstitutional laws? Getting rid of judicial review sounds like a good idea now because the court is run by fascists, but I'm not convinced that getting rid of it entirely would make things better.
I think judicial review needs some serious revision and way to check against its power, but getting rid of it completely makes the legislature too powerful.
To quote myself “create a new entity that is responsible for constitutional interpretation”
Preferably these would be elected positions under the legislative branch with a formal code of ethics and terms limits. If a position is going to change the interpretation of laws, it should fall under the preview of law makers.
Judicial review has been used, and is fundamentally the power, to legislate from the bench. The duty of a court is to decide how laws are to be executed, not to decide what those laws mean. The meaning of the law is up to congress, and the enforcement of the law is up to the executive branch. The court is merely there to decide when those laws have been breached and what punishment that entity deserves, if any.