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by unethical_ban 721 days ago
I'm processing what's being said. Maybe the problem is me.

I've lost faith in the court system recently.

You have faith in a court system to only determine questions of legality, not policy. I don't have that. I see our federal courts as political tools, completely unaccountable to the people and whose rulings are never adjusted by the Congress. I wholeheartedly disagree with textualist/originalist readings of the Constitution.

At least a bureaucracy operates at the direction of an elected position, I suppose.

I'll have to think about the discussions here. I still like my idea of Congress being brought back into the loop to be required to respond to judicial decisions overturning regulations, to ensure the agencies can continue doing what they need to do if it is "the will of the people". You kept on saying this stuff is "downstream of Congress". I'm saying to make it a feedback loop so it must get back in front of Congress after judges make a decision.

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EDIT: Oh and SCOTUS just gave the president absolute immunity, and among other things said that judges couldn't look at presidential intent when determining if an act is "official or unofficial conduct" because it would open the president up to endless legislation.

So judicial review is okay when it's talking about fines on boats, but not when it's about a president overturning elections or assassinating political leaders.