SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Politics : Formerly About Advanced Micro Devices -- Ignore unavailable to you. Want to Upgrade?


To: koan who wrote (767079)1/30/2014 4:25:47 PM
From: Tenchusatsu  Read Replies (9) | Respond to of 1575175
 
Koan,
I believe the congress can override the supreme court.

Is that your final answer?

wiki.answers.com

Congress cannot override a Supreme Court decision.

If the decision interprets the Constitution or an Amendment, Congress cannot override the decision except by calling for a Constitutional Convention to change that provision of the Constitution or Amendment. (Not likely) This would require cooperation from the States, and is not something Congress could accomplish on its own.

If the decision interprets a federal law, Congress can amend or replace the law to correct its deficiency.

If the Supreme Court interprets both by comparing the law to the Constitution or Amendment to see if the law is constitutional and decides the law is unconstitutional because it is vague or can be applied in a discriminatory manner, Congress can amend the law in such a way that the Constitutional problem is solved. Technically, this is not "overriding" the decision, but it is one way Congress can make a law do its intended purpose without being unconstitutionally vague about the subject and purpose.

Other than that, only the Supreme Court can overturn its own precedent.

Tenchusatsu