| ▲ | oldsklgdfth 2 hours ago | |
IANAL, but pretty curious of SCOTUS. I just read a lot of the opinions. (I hate that the pdf does not have a table of contents). I've used the mental model of math and theorems to reason about it. In this model, all laws have to be consistent with base axioms from the constitution (and common law maybe?) I have come to realize that it is not a great analogy. The model breaks down when you realize that the law is not about "truth" (objectively true statements), but about "goodness" - what is right or wrong. That's the subjective component. Reading opinions help guide through the logic and what is thought of as good. Dissents are useful to glee into different perspectives. Some dissents are high tower rants though. Learn to discern the two. Take a look at Marbury v. Madison[0] for the background on how SCOTUS gained the power of judicial review, i.e. power to strike down laws as unconstitutional. Judicial review is not granted in the constitution. | ||