The Constitution is the precedent
When a president and a Congress collude to pass and sign into law unconstitutional power grabs, bailouts and takeovers there is only one immediate backstop: the Supreme Court. Every branch of government has an obligation to preserve, defend and uphold the Constitution, and if the legislative and executive branches overstep their boundaries, the judicial branch can stop them.
On the other hand, if the Supreme Court doesn’t say “no” when the other two branches go too far, there is no tax that can’t be levied, no mandate that can’t be imposed, no regulation that can’t be instituted and no industry that can’t be taken over. The only recourse Americans have is to remove and replace members of Congress and the president slowly through the election process. But when Supreme Court judges, who are unelected and given lifetime appointments, refuse to say “no” when the Constitution says they should, it can take much longer to undo the damage.
Harold
ACGR's "News with Attitude" 