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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: cnyndwllr who wrote (135850)4/3/2010 9:20:57 PM
From: JohnM  Read Replies (1) | Respond to of 543175
 
If that court says something is, or is not, constitutional then that thing is, or is not, constitutional. That's it...no remaining issue, no more room for whining and no room to argue that the constitution means something different.

Well, until that ruling is overturned by a subsequent Supreme Court.



To: cnyndwllr who wrote (135850)4/6/2010 12:56:32 AM
From: TimF  Read Replies (2) | Respond to of 543175
 
You seem incapable of comprehending the reality that our founding fathers granted the US Supreme court the ultimate and final power to interpret and apply the US constitution.

Interpret and apply is exactly what I'm talking about. They interpret it and apply the interpretation. That doesn't mean the thin they are interpreting ceases to exist outside of their interpretation. If, to use an extreme example just to make a point, the supreme court said that the thirteenth amendment allowed slavery, than the court would simply be wrong. The constitution wouldn't say that, it would just be the supreme court saying that.

Its decision would have power despite being wrong (but in this case the power would be limited since federal and state governments are unlikely to pass laws supporting slavery, and in the unlikely event that there are still such laws on the books because it was thought unnecessary to appeal them since the 13th amendment did, than those laws would be quickly repealed).