M03 Discussion
Basic Aspects of the US Constitution – Suppose the Supreme Court declares that
Congress and the president cannot authorize the indefinite detention of
terrorist suspects without a trial of some sort, whether military or civilian.
Suppose also that the people of the United States favor such indefinite
detention and that Congress wants to pass a law rebuking the court’s decision.
What kind of law would have to be passed, by what institutions, and by what
voting percentages? Post your response.
Overview: The US
Constitution is the foundation for all of US law. Business and commerce are
directly affected by the words, meanings, and interpretations of the
Constitution. Because it speaks in general terms, its provisions raise all
kinds of issues for scholars, lawyers, judges, politicians, and commentators.
For example, arguments still rage over the nature and meaning of “federalism,”
the concept that there is shared governance between the states and the federal
government. The US Supreme Court is the ultimate arbiter of those disputes, and
as such it has a unique role in the legal system. It has assumed the power of
judicial review, unique among federal systems globally, through which it can
strike down federal or state statutes that it believes violate the Constitution
and can even void the president’s executive orders if they are contrary to the
Constitution’s language. No knowledgeable citizen or businessperson can afford
to be ignorant of its basic provisions.
