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> At a point in our nation's early history, we decided to trust Constitutional interpretation to the Supreme Court. I don't think we did. We gave the federal judiciary responsibility, within the government, for resolving cases and controversies arising under the federal Constitution and laws, including, inter alia, questions cases and controversies involving disputes over whether a government act was consistent with the Constitution (we did that, incidentally, at the point when we ratified the Constitution.) However, that in no way makes the Supreme Court exclusively responsible for interpreting the Constitution, the President is also given a duty to preserve the Constitution and see that the laws are faithfully executed, and that duty requires interpeting the Constitution even when there is no legally cognizable case or controversy for the judiciary to decide. And Congress, of course, has both powers and obligations under the Constitution which require it to interpret the Constitution -- again, even when there is no legally cognizable case or controversy for the judiciary to decide. And, ultimately, the whole system relies on the people interpreting the Constitution and holding those in government office accountable to it, whether there is a legally cognizable case or controversy for the judiciary to decide, and whether or not the judiciary is willing to do its duty properly when such a case or controversy exists. |