Legal Question in Constitutional Law in Arizona

Re: power of supreme court to overrule the will of a congressional maojorty

No, but it is consistent with constitutional government in which the Supreme Court is charged with policing the congress to make sure their legislation is constitutionally correct. An integral part of the system of checks and balances in which no branch of government has absolute dictatorial powers.

Re: power of supreme court to overrule the will of a congressional maojorty

Our government is not designed to let the will of the majority control. Instead, we have a Constitution which sets limits on what the government can do.

Part of what our courts are supposed to do is intervene when Congress has overstepped the authority granted to it by the Constitution. It does this by considering legal challenges to the validity of statutes and striking down those which are unconstitutional.

Without such a check in place, the government could run roughshod over the rights of minorities while enforcing the will of the majority. It could, for example, outlaw Islam or Judaism. It might forbid speech critical of the President. It might imprison people who are unpopular -- or who the government wants to silence -- even if there is no evidence they broke any laws. The Constitution is designed to prevent such abuses, but if the Courts did not enforce it then the Constitution would be little more than a piece of paper.