Let's think about whether all acts of Congress deserve our respect and obedience. Suppose Congress enacted a law -- and the Supreme Court ruled it constitutional -- requiring American families to attend church services at least three times a month. Should we obey such a law? Suppose Congress, acting under the Constitution's commerce clause, enacted a law requiring motorists to get eight hours of sleep before driving on interstate highways. Its justification might be that drowsy motorists risk highway accidents and accidents affect interstate commerce. Suppose you were a jury member during the 1850s and a free person were on trial...
Agreed Paulus. That may explain why only panels of judges rule in appeals courts and SCOTUS--the great unwashed of us are too ignorant to determine whether a law is just or constitutional.
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