[lbo-talk] US Supreme Court upholds 'Obamacare'

Jordan Hayes jmhayes at j-o-r-d-a-n.com
Thu Jun 28 11:43:16 PDT 2012


Wojtek writes:


> What bothers me more is that this care demonstrate the
> enormous power the SCOTUS has in this country - seemingly
> greater than that of the Congress.

I think this is a fundamental misunderstanding of the process. SCOTUS has no power other than to act as counterweight to the actions of the other two branches. They have no power to legislate or act, nor can they decide to take a case not presented for judgement. their decisions are only on past events, not on future ones.

As a for instance in this case, the legislature is now free to change or rescind the current law that was upheld as not being against the constitution.

There's not much unilateral power available in the US, and most (all?) of it is contained in the Executive.

/jordan



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