[Spooky23]

That is a pretty broad shift from the theory of how courts operate in the U.S.

We have an adversarial system where the legality of a law attacked by someone harmed by that law and defended by the government. Who would a constitutional court represent? Dead white guys from 1780? Someone else?

If created, the first thing the court would do would be to rule itself out of existence, because the Supreme Court is at river of what is/isn't constitutional... And has been recognized as such since John Jay.

[dllthomas]

"If created, the first thing the court would do would be to rule itself out of existence, because the Supreme Court is at river of what is/isn't constitutional... And has been recognized as such since John Jay."

If created through a constitutional amendment, this isn't a concern...

[higherpurpose]

And yet the FISA Court is not adversarial.