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If the states were the deciders of what is and is not Constitutional you would have the same problem as you would if you let the people decide for themselves directly. 50 states are going to have just as many opinions on the matter.
Take a look at the recent example of Obamacare and several states who attempted to challege parts of it through the SCOTUS, if the SCOTUS was unable to rule on the Constitution then how would the states and Federal government resolve this issue? And not just Obamacare, but if any state has an issue with the actions of the Federal government on the grounds of the Constitution and cannot go the courts for a Constitutional ruling then how will that issue be resolved?
I'm not saying its a perfect system or that it will always result in rulings that are consistant with your opinion of the Constitution, that is not possible for anyone. But to take away the ability of the court to say what is and what is not Constitutional and to place it within the power of anything else, whether it be the states, Congress, or the President is not a better solution.
If the states were the deciders of what is and is not Constitutional you would have the same problem as you would if you let the people decide for themselves directly. 50 states are going to have just as many opinions on the matter.
Take a look at the recent example of Obamacare and several states who attempted to challege parts of it through the SCOTUS, if the SCOTUS was unable to rule on the Constitution then how would the states and Federal government resolve this issue? And not just Obamacare, but if any state has an issue with the actions of the Federal government on the grounds of the Constitution and cannot go the courts for a Constitutional ruling then how will that issue be resolved?
I'm not saying its a perfect system or that it will always result in rulings that are consistant with your opinion of the Constitution, that is not possible for anyone. But to take away the ability of the court to say what is and what is not Constitutional and to place it within the power of anything else, whether it be the states, Congress, or the President is not a better solution.
Realistically, any government that is allowed to exist is legitimate.
Rationally, such a claim only serves to validate any and all government tyranny, while ignoring the limited terms which define this government's sole legitimacy.
It does validate any tyranny, but it is also recognition that government exists at the pleasure of the people, whether they understand that and act is another question.
Of course it does. If any government that exists, or is allowed to exist, is presumed to be legitimate, then whatever tyranny might be executed by that government is also presumed to be legitimate.
Actually, in this country at least, the government does not exist at the pleasure of the people, but by the limited terms of the Constitution, which define its legitimacy.
The phrase "pleasure of the people" is attempting to uplift the whim populist democratic opinion, and does not equate with "consent of the governed" which was established when the Constitution was "ordain[ed] and establish[ed]", and has nothing to do with this country.
The U.S. Constitution does not indicate that "the government is valid, unless the people understand it is invalid and act upon it", but rather sets up limited and enumerated terms by which the government might be valid. Outside those terms the government is invalid, regardless of what the people understand, or desire.
There's always elections
You say that, and it may true in the academic sense, but in a defacto sense, what we allow to exist is legitimate by the mere fact that we do not change or destroy it.
It would probably be accurate to say from an academic standpoint that our nation has not legitimately existed from the moment the Constitution was ratified and all points in time in between.
What would render our Constitutional government illegitimate? Would it be the violation of the Constitution in any way? The government has been doing that, in one form or another, since 1789.
So again, I revert to my original assertion that the government is defacto legitimate by our acceptance of it, our consent, if you will.
We have the power, in theory, to elect people who fix all the things that you think make the government illegitimate, but we don't.
It is not taking away the ability of the court to state what is and isn't Constitutional. It is taking away their ability to state that X law trumps State law via JUST the Supremacy clause.
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