Realistically, and this is a serious problem, many critical rights in the US only exist because of the court going against the voters. Like, say, the legalization of interracial marriage.
It can go both ways. For example, in 1890-1930, SCOTUS had a series of decisions that had methodically demolished the then-budging laws pertaining to labor rights and business regulations, enacted with wide popular support, on the basis that they violated "economic liberty" rights that the judges have read into the 14th Amendment use of "liberty". You know, stuff like min wage, 40-hour work week, prohibitions on child labor, mandatory qualification requirements for some professions etc.
There are supposed to be able to declare them Unconstitutional. If it's unconstitutional in district 5, why wouldn't it also be unconstitutional in district 10?
Most law, and most law courts deal with is federal law, not constitutional law. A lot of the most contentious recent court issues could be addressed with federal laws. It's just congress is lazy and doesn't want to go on record.
Yes, but things like rights listed in the constitution have been protected by the supreme court regardless of laws. Things like your Miranda rights don't exist because of any law, they existed because of a supreme court ruling.
>Most law, and most law courts deal with is federal law, not constitutional law. A lot of the most contentious recent court issues could be addressed with federal laws. It's just congress is lazy and doesn't want to go on record.
In the United States, the Constitution is federal law. In fact, it is the supreme law of the land. Full stop.
