General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhich is more "Supreme"? The Supreme Court or the Constitution?
Can the Supreme Court overturn the Constitution?
It has always been my belief that the Supreme Court rules on what is in our Bill of Rights and in our Constitution?
Are they able to over-rule, for example, the Fourth Amendment?
Are they able to over-rule the right to bear arms, as stated in the Second Amendment?
Can they over-rule the Tenth Amendment and say that the Federal Government can dictate the laws that states pass that are not mentioned in the Constitution?
On the big issues, the right to free speech, the right to peacefully assemble, the right to move freely, the right to be secure in our home and person, are issues that we have always held sacrosanct.
But this Supreme Court has acted as if they are the only Supreme rulers in this country. It doesn't matter what the Constitution says.
My opinion is that the Constitution is "Supreme" and that the Supreme Court must abide by the laws and Amendments in our Constitution and that they can rule on the meaning of those laws but that they cannot legally change those laws to something entirely different from their original intent and definition.
Timewas
(2,776 posts)They are the body that defines what the words mean,and their definitions are pretty warped some times.
kentuck
(115,627 posts)When the Colorado Supreme ruled that Trump could not be on the ballot?
And many others, probably some that we have not even heard of.
Fiendish Thingy
(24,079 posts)It was about jurisdiction.
The case was filed in state court, and SCOTUS rightfully ruled, in a bipartisan decision, that disqualification for federal office under the 14th could not be ruled on by state courts, only federal courts.
If they hadnt ruled that way, then blue states could have excluded Trump from the ballot, and red states could have excluded Biden/Harris from the ballot, and it would have been massive chaos on election day.
The proper question to ask is: why didnt the plaintiffs refile the case in federal court?
Traildogbob
(13,161 posts)Top shelf Supreme, power over everything, trump is THE Supreme of all. The court is SUBpreme.
They exist to enforce trump rules.
unblock
(56,262 posts)The constitution gives the Supreme Court the power to resolve disputes. It does not limit them in how they do so. They aren't even required to explain their decisions.
For a quarter of a millennium, courts have generally tried to be reasonably transparent, consistent, more or less just and fair. And they tried to be consistent with the constitution and its underlying principles.
But if a court decides to use their power capriciously, in a way that is biased, inconsistent, and cruel, they can do so.
Constitutional remedies are to expand the court, take away jurisdiction over certain types of disputes, impeachment and removal, or replacement after vacancy. As long as the other branches aren't going to use those powers to fix the problem, then the courts are free to unleash mayhem.
I'd say we need to win the next election big, but I can't see how that's possible when the next election will largely be run by corrupt cheaters and criminals.
Fiendish Thingy
(24,079 posts)So missing or misplaced commas allow for various interpretations, but black letter, quantifiable law does not.
Example: the amendment limiting presidents to two terms is black letter law, regardless of twisted workarounds suggested by MAGA loyalists, such as having Trump run as VP in 2028.
Another example: the 19th amendment granting women the right to vote, unconditionally (no permission slip or proxy requirements by father or husband can be adjudicated)
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