According to Glenn Reynolds: "Liberty Dog is a minarchist libertarian with Objectivist tendencies, but I can't even get my dog to crap outside."

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Sunday, May 01, 2005

In Response to Henry

In the comments of this post discussing the constitutionality of the filibuster, commenter "Henry" made this statement:
constitutionality in legislative matters is to be decided by the body itself. If Senators made a constitutional ruling that filibustering was unconstitutional, that would be it -- final say, end of story -- and it would be as "true" as, well, Korematsu.

I feel that it is important to further address this.

As I stated before, although Article 1, Section 5, clause 2 endows the legislature with the ability to set their own rules, those rules are still subject to the limits of the Constitution. Article III, Section 2, Clause 1 states "The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution."

Judicial review of constitutionality is absolute and Congress holds no power to subvert the constitution whether it be in public law or internal procedure. If such was not the case, the Constitution would be just a useless scrap of paper.

Now, as for Korematsu. Is this a reference to TOYOSABURO KOREMATSU v. UNITED STATES? If so, I fail to see how this case bolsters your argument.

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