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by galadriel 4734 days ago
The fact that courts can declare laws to be unconstitutional is a hack out of Supremacy clause, as decided by the SCOTUS itself in one of the early cases. All other rules still apply, such as proving your standing for harm, which you cannot, if the executive keeps everything secret.

A proper constitutional court (as implemented by many other countries) is much more suited to these kinds of cases, which concern the spirit of Constitution, rather than specifics of harm and injuries to one specific entity.

1 comments

the case the parent refers to is Marbury V. Madison, where SCOTUS assumes the ability to interpret matters of constitutionality.