General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsConsidering the unconstitutional way the tax bill went through is it possible for a judge to step
in and nullify it?
OliverQ
(3,363 posts)will see a constitutional challenge.
davsand
(13,430 posts)Here's the logic: They just declared a fetus is a person. No requirement for actual birth (under that law anyway) for that to be considered a child. Thus every woman should be allowed to claim a "fetal" child deduction.
"We can say that the majority of early pregnancy loss appears to be unrecognized," said Dr. Allen J. Wilcox, who directed the study. His work suggests that 22 percent of all pregnancies end spontaneously in the first month. Another 9 percent result in miscarriages after the pregnancy becomes apparent.Jul 28, 1988
MOST MISCARRIAGES GO UNRECOGNIZED, STUDY SAYS - The ...
https://www.washingtonpost.com/...miscarriages...unrecognized.../d06d3b92-bb2d-4162...
Watch the Republican heads explode with this one.
MousePlayingDaffodil
(748 posts)I think this would be the very essence of a "non-justiciable" issue. An Article III court is not going to get into the business of telling an Article I legislative body how to go about its business.
This is not to say that how the Senate has conducted itself here is not contrary to the Constitution. But not every constitutionally-defective action admits of a judicial remedy. That's not how our system of government, a "representative democracy," works. In this case, if the people don't like what their representatives have done, then their recourse is to select different representatives. There is a mechanism for doing that, of course.
meow2u3
(24,954 posts)This is a blatant violation of the establishment clause of the 1st Amendment and must not be allowed to be upheld.
MiniMe
(21,831 posts)meow2u3
(24,954 posts)...which does not allow politicking from the pulpit.
https://en.wikipedia.org/wiki/Johnson_Amendment
Meowmee
(6,485 posts)They didnt follow proper procedures so surely something can be done about that.
DavidDvorkin
(19,987 posts)Normal Senate rules of procedure aren't specified in the Constitution.
sarisataka
(21,342 posts)moondust
(20,577 posts)tossed it in the trash and moved on as if it never happened?
Codeine
(25,586 posts)I think we get carried away with our definitions here sometimes.
Was it a horrible bullshit crime against all fiscal and social propriety? Yes.
Did the passage violate the Constitution? No, probably not.