Eli5 How does one judge have the power to block entire bills/laws?

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I see in the news all the time so and so judge blocks this bill? How does one judge hold that much power?

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Anonymous 0 Comments

In the United States, we have a constitution. The constitution is the supreme law of the land. For it to be modified requires both houses of congress to approve by 2/3 majority, the president has to agree, and 3/4 of the states have to ratify it. It has only been modified 27 times (maybe 28, but that is another topic).

The constitution lists what the government “can” do, not what it “cannot” do. This is why we are a free country, the government cannot do anything not listed in the constitution.

Now, if congress or a state passes a law that does something the constitution does not permit, a court can decide to nullify all or part of that law by declaring it unconstitutional. They do not do this on their own, they require a person or group who has been harmed by the change to make their case. Both side get to argue, and there are three levels of appeals. It is never one judge who permanently blocks a law, there is a carful process.

Now when you read in the news that a judge blocks a law, it is temporary, and even that temporary injunction can be appealed–even before the case goes to trial.

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