• WhatTrees@lemmy.blahaj.zone
    link
    fedilink
    English
    arrow-up
    1
    ·
    5 months ago

    Yes. Without the courts ability to determine if something is unconstitutional then it would always be up to Congress / the executive to decide what is constitutional and what is not. That presents an obvious separation of powers problem and could easily be misused by a Congress or executive branch that are hostile to certain rights.