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breaking news: the doomsday clock ticks one minute closer to the apocalypse
Quote:
Originally posted by sgtclub
Because their understanding may lead to an unconstitutional result. For example, Congress' understanding of every law they pass is that it's constitutional. Most of the time they are probably right, but occassionally they get smacked down by the court. We don't get a ruling on constitutionality until it's actually challenged. So to say that fillibusters are constitutional because they have been used (but never challenged) in the past, doesn't make sense to me.
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A circuit court of appeals' understanding is that every decision it makes is constitutional. The fact that the Supreme Court sometimes disagrees does not mean that the circuit court was ignoring the Constitution. And here, the Senate is the body that construes its own rules, not a court.
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“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
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