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The notion that Congress can change the meaning given a constitutional provision by the Court is subversive of the function of judicial review; and it is not the less so because the Court promises to allow it only when the Constitution is moved to the left.
If people around the world knew how well people at Guantanamo Bay are treating prisoners, they would not fall prey to the accusations that some in our Chamber are making. They are all receiving judicial review.
All respect for the office of the presidency aside, I assumed that the obvious and unadulterated decline of freedom and constitutional sovereignty, not to mention the efforts to curb the power of judicial review, spoke for itself.
Popularity makes no law invulnerable to invalidation. Americans accept judicial supervision of their democracy - judicial review of popular but possibly unconstitutional statutes - because they know that if the Constitution is truly to constitute the nation, it must trump some majority preferences.
A decision by the Supreme Court to subject Guantanamo to judicial review would eliminate these advantages.
Judicial review has been a part of our democracy in this constitutional government for over 200 years.
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