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Can a supreme court ruling be unconstitutional?

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tacomancer

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If the supreme court decides on what is constitutional and what isn't in their rulings. Can their rulings be unconstitutional?
 

digsbe

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I think so. I may be wrong but can't the supreme court take on old cases and reverse decisions if they believe that it was unconstitutionally ruled upon?
 

tacomancer

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I think so. I may be wrong but can't the supreme court take on old cases and reverse decisions if they believe that it was unconstitutionally ruled upon?

I had considered that, but I wonder if that just means what is constitutional has changed.

Its an interesting question either way.
 

Black Dog

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Taking into account them being able to reverse decisions I would have to agree.
 

phattonez

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We all get things wrong. The Supreme Court is no different.
 

Black Dog

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This is like a rainbow horseman nightmare!
 

aps

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I think so. I may be wrong but can't the supreme court take on old cases and reverse decisions if they believe that it was unconstitutionally ruled upon?

Brown v. Board of Education. It's a perfect example of determining that a prior Supreme Court ruling was unconsitutional.
 

Tucker Case

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Definitely.

One example: If a ruling occurs before an amendment is passed, and the amendment conflicts with the previous ruling, that ruling is rendered unconstitutional.
 

Tucker Case

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True, but I was referring to the retarded "living breathing" argument. Libtards no longer consider amendments necessary.

"Conservatives" agree.

How else would the federal government have authority over alien residency? It's not like Naturalization = Immigration.
 

tacomancer

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Tucker Case

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And here I was thinking that the federal government was supposed to repel invasions. Silly me.:doh

Are you one of those "reinterpret the wording of the constitution to suit your desires and ignore context" type of liberals?

Do you also support the Hamiltonian reinterpretation of the general welfare clause, or do you pick and choose which hamiltonian reinterpretations you support?
 

tacomancer

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tacomancer

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zimmer

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Yes.
The court has become politicized. Roots going back to FDR.

It might be wise to have Congress be able to over rule the court with some form of super majority.

.
 

Southern Man

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Are you one of those "reinterpret the wording of the constitution to suit your desires and ignore context" type of liberals?

Do you also support the Hamiltonian reinterpretation of the general welfare clause, or do you pick and choose which hamiltonian reinterpretations you support?

Hamilton didn't reinterpret the general welfare clause; that's an easily refuted myth. Besides, trying to justify your authority after the fact doesn't quite carry the weight of selling the Constitution to the People so that it may be ratified.
 

Tucker Case

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Hamilton didn't reinterpret the general welfare clause; that's an easily refuted myth. Besides, trying to justify your authority after the fact doesn't quite carry the weight of selling the Constitution to the People so that it may be ratified.

Then refute it.
 

tacomancer

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