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View Diary: The Constitution as Catch-22 (30 comments)

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  •  You remind me of my Federal Jurisdiction (0+ / 0-)

    professor from law school.  I thought I escaped "ubi jus ibi remedium" when I graduated.  

    Definitely a lot to think about here, but also some stuff to clarify...

    "In short, if the Constitution, a statute, or a treaty says you have a right, and the Supreme Court says, "Nuh-uh!" then you don't have that right."  Under what circumstances does this happen?  The Supreme Court isn't in the business of striking down laws unless the law violates some provision of the Constitution.  If federal law say, says you have the right to a preliminary hearing in a criminal case within 14 days of your arrest, the Supreme Court can't just swoop in and say that you don't.  

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