wisest thing I've seen in comments this week.

Probably too late for this thread but you made a common mistake — see IN may technically be of a relatively northern latitude but that place is the South. My father was raised in Evansville and it may as well have been Evansville, Mississippi.

Due to the fact that judicial review was already well-known as the mean by which law in interpreted, and the Constitution explicitly establishes a Supreme Court and gives it the highest level of judicial authority in the country, it's not an inference so much as it is an unstated fact.

Further, remember that the Constitution only created one court. Before the judiciary act, there was only one court in the land, the Supreme Court.

Basically, we have this logic:

a) The interpretive power lies solely with the judiciary
b) The Constitution creates only one supreme court within the judiciary
c) Therefore, the interpretive power must lie with that one court.

In other words, the very act of a Constitution creating a Supreme Court includes designating the interpretive power to that Court. The strange thing about Constitutions (and laws in general) is that they can do things without saying a single explicit word about them, mostly because the legal profession works in a world where it's assumed that if a thing is logically required by the existing text, it doesn't need to be explicitly stated itself. Until such time as it needs to be explained to someone, anyway.

So yes, I think it's fair to say the Constitution designates the interpretive power.

Precisely. The SCOTUS has no ability to choose laws to review; the case has to be brought to them, with standing, before they can rule on a law's constitutionality. This buffer prevents the SCOTUS from obsoleting the legislature.

November 14th, 2012 at 8:39 am
"Looking for a colony, Canada?"

Heavens, no. That would be rude.

As much as it distresses me to disagree with your articulate, well-considered reply, I do believe the politically correct response in this case would be: HOLY FUCK NO!!!!

we could get lucky now the Supremes are Right wingers. after all they DO have the final say unless 38 of the States override such "Activits Judges."

The Right has America right where it wants and this is pure hog heaven for them. A Black Muslim who stole the election, again. perfect set up.

i'm hoping my home state of Louisiana does the "Chivalrous thing" and all that. lol Such idiots are the making of the next post Weimar. unfortunately, the Right is so clueless as always, full of BS. wouldn't accept the facts if the facts were contrary, like Nate Silver's polls.

we are so lost in the Right wing dream land, so far down that Rabbit Hole. and of course the "ultimate remedy" as BB calls it, is always there. Such drama, such fantasy.

Obama reminds me of the incompetent Andrew Johnson who lorded over America, akd while the Children fight doing nothing. while the States fight over who gets to ignore the Federal laws of their own choice. Libertarian la la land. boy, what feral insanity.

we are making Pre Nazi Germany look like a walk in the part. such easy prey, the middle class, continues to work as their dreams gets stolen in this "Divide and Conquer" kabuki. The middle class needs to thank ST.Reagan and the Republicans for this "gift" of Trickle Down. lol death by Republican water torture/Trickle Down.

you can bet Washington and Colorado will be crushed under the DEA. Too many blacks going to jail/unable to vote Democratic/ and too many prison/police departments getting DEA funding for the War on Drugs/American Minorities. think of all the Tazers, Tanks, Drones, etc the Police get to "fight" the War on Drugs! Asking them to give this up is MJ is legalized, ever!!!

i can only hope the lunatics secede. i am so tired of the hate against the "other", though i can't imagine living in Cold Weather in Winter time/the North. hopefully New Orleans will secede too. being mostly Black, you can be sure the rest of the state won't want us or allow Blacks to stay. The Right will finally take back The cities from the Blacks. lol such vitrol and stupidity.

The Right had better be careful. sooner rather than later, they WILL come for you. You are the perfect foil. just like YOU/the Rigth came for the Left/ the Daddy Party will say, Thanks, now it's your turn.

just wait and see. you could read History, but that would require.. oh never mind. welcome to America post Reagan.

I need a geography review- all this time I've been thinking Indiana is the Alabama of the North.
Can Indiana be Mississippi then?