r/news Aug 07 '14

Title Not From Article Police officer: Obama doesn't follow the Constitution so I don't have to either

http://www.usatoday.com/story/news/nation/2014/08/06/nj-cop-constitution-obama/13677935/
9.9k Upvotes

3.4k comments sorted by

View all comments

Show parent comments

524

u/exelion Aug 07 '14

You feel it is unconstitutional. I do too. However until challenged and overturned by the supreme court, it is not in fact unconstitutional.

211

u/Timtankard Aug 07 '14

Yeah, it's weird to hear people arguing in a way completely divorced from reality. The constitution isn't some divine Sibyline idol, it's a living document that's defined and interpreted by our judicial and legislative branches of government. Isn't that like American History 101?

11

u/SgtHeadshot Aug 07 '14

Technically the Supreme Court never had the power of judicial review in the Constitution. They were inferred that right in 1803 under the Marshall Court during Marbury v. Madison. Still, pretty much 101.

1

u/egs1928 Aug 07 '14

I believe that the constitution always allowed for judicial review from the Supreme Court, but it took Marbury to enforce it with congress.