Belmont Club

By Richard Fernandez

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The death of penalties

June 25, 2008 - 9:21 am - by Richard Fernandez
Brock
2008-06-25 10:34:47

There’s nothing in the Constitution that says the Supreme Court gets the final say on matters of Constitutional interpretation. On deciding the facts of a case, yes, they are the Court of last resort, but I do not believe that these unelected rulers-for-life should be the body of last resort for political matters. Congress is clearly the political body, not the Court.

The simple fact of the matter is that the Constitution is silent on who gets final say. But as two-thirds of Congress is necessary to amend the Constitution, I would think the Supreme Court would recognize a two-thirds approval of a “Letter of Interpretation”, or what have you. Congress could either draft its own opinion on the matter or perhaps endorse one of the minority positions as the “right” one. I think ratification by the States would not be necessary as long as the plain text of the Constitution remains unchanged and reasonably consistent with the Interpretation.

Brock / aka, Cardozo Bozo