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marylandblue

(12,344 posts)
Thu Jun 28, 2018, 08:03 PM Jun 2018

Two times the American people overruled the Supreme Court

The first time was the infamous Dred Scott decision. It was an outrageous decision. It wasn't just about slavery being legal in slave states. It also said that Congress could not prohibit slavery in the territories, declared the Missouri Compromise illegal, and took away citizenship from African Americans in free states. That is, the goal was to make slavery legal EVERYWHERE. People were outraged. It led directly to the Republican takeover of Congress in 1858 and Lincoln's victory in 1860.

The Second time was during the New Deal. In Roosevelt's first term, the Supreme Court struck down many New Deal programs as unconstitutional. Roosevelt complained that the nation was being held back by "nine old men." The Democrats won a resounding victory in 1936. Not only was Roosevelt re-elected, they gained 12 seats in the House and 5 seats in the Senate, extending their already huge advantage. Shortly after this victory, The Supreme Court upheld a state minimum wage law, something they had decided against less than a year earlier. Both decisions were 5-4. Justice Owen Roberts had switched sides, and he would continue to side with the liberals in future New Deal cases. Memoirs of both Justice Roberts and Chief Justice Charles Evans Hughes stated that they both took on a more liberal view in response to the popular vote.

On Edit: After a few comments, I add this. Both times the American people won looked very different from each other. I don't think we are headed for civil war and I don't think any conservative justice will switch sides. So if it happens a third time, it will probably look very different. Perhaps it will be by court packing after 2020. Roosevelt tried that and failed in 1937, but as he himself said, "he lost the battle but won the war."


#BlueWave2018
#BlueWave2020
#GOTV

8 replies = new reply since forum marked as read
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Two times the American people overruled the Supreme Court (Original Post) marylandblue Jun 2018 OP
It might be hard to do..... TheRealNorth Jun 2018 #1
I don't know if impeachment and removal is in the cards marylandblue Jun 2018 #3
Didn't mean TheRealNorth Jun 2018 #8
Impeachment and removal is but a small first step unblock Jun 2018 #6
Republicans will not liberalize their views in response to the people unblock Jun 2018 #2
I don't know how it will happen next time marylandblue Jun 2018 #4
Ditto! BigmanPigman Jun 2018 #5
Will need to start going after their donors, since according to the repugs in the ... SWBTATTReg Jun 2018 #7

marylandblue

(12,344 posts)
3. I don't know if impeachment and removal is in the cards
Thu Jun 28, 2018, 08:09 PM
Jun 2018

But I do think there will be a blue wave in November, and a new Roosevelt in 2020.

TheRealNorth

(9,384 posts)
8. Didn't mean
Thu Jun 28, 2018, 08:45 PM
Jun 2018

to infer it will happen in 2018. I don't even know if it is possible in 20 years. With so many low-population red states that are 60% Republican, the Dem's would have to run the table and win in states like Arizona, South Carolina, and Georgia.

unblock

(51,793 posts)
6. Impeachment and removal is but a small first step
Thu Jun 28, 2018, 08:12 PM
Jun 2018

The problem is not remotely limited to Donnie. Foxnews, hate radio, enabling msm, huge money in politics, Russian interference, gerrymandering, disenfranchisement, unverifiable voting machines, etc.

The result is a thoroughly corrupt Republican Party. All republican leaders are supporting Donnie, or at the least not standMdingbin his way. Get rid of Donnie, and can anyone seriously pretend the next republican president will be remotely reasonable?

A *lot* needs to happen to restore our democracy. Donnie is just the tip of the iceberg.

unblock

(51,793 posts)
2. Republicans will not liberalize their views in response to the people
Thu Jun 28, 2018, 08:07 PM
Jun 2018

They operate in open contempt of the majority.

Whatever gains we get, they will just look for ways around it. They will continue to demonize us. And they will cheat harder next time.

SWBTATTReg

(21,588 posts)
7. Will need to start going after their donors, since according to the repugs in the ...
Thu Jun 28, 2018, 08:17 PM
Jun 2018

tax law of 2018, they wrote and passed it for their donors, not us.

Thus, the donors of the repug party will need to be held accountable, in full.

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