you are viewing a single comment's thread
view the rest of the comments
[–] 2 points 2 years ago (2 children)

Tbf it is difficult to uphold the constitution in another way. For instance, if Congress passes a bill that contradicts the constitution you have a contradiction. How else, than through courts, would you resolve the contradiction?

  • source
  • parent
  • hideshow 2 child comments
  • [–] 1 point 2 years ago

    Yes. Without the courts ability to determine if something is unconstitutional then it would always be up to Congress / the executive to decide what is constitutional and what is not. That presents an obvious separation of powers problem and could easily be misused by a Congress or executive branch that are hostile to certain rights.

  • source
  • parent