Steve Rogers (![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png)
heroic_jawline) wrote in ![[community profile]](https://www.dreamwidth.org/img/silk/identity/community.png)
fandomhigh2017-03-16 04:10 pm
heroic_jawline) wrote in fandomhigh2017-03-16 04:10 pm
Civics, Thursday, March 16 2017
"Welcome back to class," Tony said, looking bright eyed today. Could have been the coffee, though. It was probably the coffee. "We'll be discussing another topical subject today, this time the reasoning behind the concept of judicial review in our government."
Also how Hawaii was awesome. Maybe.
Steve nodded. "We touched a bit on this when we discussed separation of powers earlier in the year, but today seems like a good time to talk about just how much power the judiciary possesses. The legislature writes the laws, the executive enforces the laws, but the judiciary interprets the law, and that gives them a great deal of discretion."
"Which can be for good or for bad," Tony added. "During the Civil War, judicial review was used by both sides as they interpreted the Constitution differently on the matter of rights for slaveholders and escaped slaves. In more recent times judicial review has expanded the legal definition of marriage, allowing gay and lesbian couples the right to have their unions recognized by the government."
"They've also declared the current version of national health care legal, much to the moaning and gnashing of teeth of the Republican Party, who believed this to be an overreach of the Supreme Court's authority. But since the Supreme Court is appointed for life, their response was an extremely eloquent version of 'yeah, well, suck lemons.'"
Tony was cheerfully nodding along with that. Because suck it indeed.
"The most current battle in the courts is the constitutionality of banning people from specific countries based on religious prejudice," he said. "The courts say no to any such ban. Which the current president believes is an overreach and will probably tweet about like a cranky toddler."
"And spell like a toddler too," Steve muttered.
Accurate.
But Tony was trying to be professional here. "So, today we'd like you to discuss whether or not you believe this ability of judges is a help or a hindrance to the government and people."
"It can be both," Steve said with a little smile.
Also how Hawaii was awesome. Maybe.
Steve nodded. "We touched a bit on this when we discussed separation of powers earlier in the year, but today seems like a good time to talk about just how much power the judiciary possesses. The legislature writes the laws, the executive enforces the laws, but the judiciary interprets the law, and that gives them a great deal of discretion."
"Which can be for good or for bad," Tony added. "During the Civil War, judicial review was used by both sides as they interpreted the Constitution differently on the matter of rights for slaveholders and escaped slaves. In more recent times judicial review has expanded the legal definition of marriage, allowing gay and lesbian couples the right to have their unions recognized by the government."
"They've also declared the current version of national health care legal, much to the moaning and gnashing of teeth of the Republican Party, who believed this to be an overreach of the Supreme Court's authority. But since the Supreme Court is appointed for life, their response was an extremely eloquent version of 'yeah, well, suck lemons.'"
Tony was cheerfully nodding along with that. Because suck it indeed.
"The most current battle in the courts is the constitutionality of banning people from specific countries based on religious prejudice," he said. "The courts say no to any such ban. Which the current president believes is an overreach and will probably tweet about like a cranky toddler."
"And spell like a toddler too," Steve muttered.
Accurate.
But Tony was trying to be professional here. "So, today we'd like you to discuss whether or not you believe this ability of judges is a help or a hindrance to the government and people."
"It can be both," Steve said with a little smile.