Richard Durbin (D-IL)

A resolution affirming the rule of law and the legitimacy of judicial review.

S.Res. 108 · Senate resolution Law

A Democratic resolution with 20 Democratic cosponsors · See all 20 cosponsors

Last activity — Referred to the Committee on the Judiciary. (text: CR S1583)

In committee

Introduced and handed to a committee in the chamber it started in.

The committee holds it, and most bills are never heard from again. A hearing or a committee vote would be news; silence is the usual outcome, and it kills the bill without anyone voting against it.

Its path through Congress

  1. Introduced
  2. In Committee

A Senate resolution is the Senate speaking for itself: stating a position, honouring someone, or setting its own rules. Adopting it is the whole process. Once the Senate agrees to it, it is officially the Senate's word; it is not a law, so the House and the President have no part in it.

What this bill would do

This resolution affirms the rule of law and the legitimacy of judicial review. It notes that the Constitution establishes three separate branches of government and vests judicial power in the Supreme Court and inferior courts. The text highlights that the Supreme Court established the principle of judicial review through Marbury v. Madison. It addresses remarks made by Vice President Vance and other officials regarding the executive branch's authority to ignore the judiciary. Finally, it states that such actions would cause a constitutional crisis. The Senate resolves to affirm judicial power and the requirement that the executive branch comply with court rulings.

Yes

  • Scored +5

    Does this protect the right to fair treatment by the courts?

    Upholding the requirement that the executive comply with court decisions protects the legal rights of individuals against unchecked executive power.

  • Scored +3

    Does this give the federal government more power?

    The resolution bolsters the authority of the federal judiciary to check the actions of the executive branch.

  • Scored +2

    Does this make what the government does easier for the public to see?

    By affirming judicial review, the resolution supports a system of checks and balances that maintains government accountability.

The opposite

No question was scored the opposite.