Reminder that getting control of the house and senate could make stuff like this potentially get through

This proposal is not only one that expands the number of justices over time but alter things like the court’s shadow docket, require justices to release tax returns, and more

  • Rivalarrival@lemmy.today
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    2 months ago

    Judicial review stems from the very first line of section 2, discussing “all cases arising under this constitution”. The part you cited says that Congress can determine that certain cases must be first heard in certain courts, such as federal district courts, or state courts. Only a few types of cases are first heard in SCOTUS.

    Nothing about that prohibits courts at any level from making a ruling on constitutional grounds.

    Judicial review is just the idea that the courts are empowered to declare legislation to be in conflict with the constitution. Appellate and original jurisdiction are irrelevant to judicial review. Judicial review is not limited to SCOTUS. Every court has the power to determine whether a law under their jurisdiction follows the constitution, but only if a claimant presents a case.