A sad commentary on we, as a people, and our viewpoint of our freedom can be summed up like this. We have liberals and conservatives, Democrats and Republicans, yet those very people look at Constitutionalists as radical and extreme.................so those liberals and conservatives, Democrats and Republicans must believe that the constitution is radical and extreme.
SY #195
Reading and understanding the Constitution isn't enough.
Obvious example:
in American English "shall not be infringed" has specific literal meaning.
And yet our right of arms is ROUTINELY infringed.
- It's illegal to carry a firearm into a federal post office
- it's illegal to carry a firearm into a commercial airport terminal
- or a law court
- or a government school
- or a DMV
- etc.
We're not allowed to carry up-to-date military arms like an Uzi, an M-4, or even an M-16-A1.
Odd, because the Founders that wrote & ratified 2A had access to & or carried the most up to date style of military arm.
Not clear to me what benefit you think you derive from denying SCOTUS' supreme role in interpretation of the law, along with Stare Decisis.
There are rare exceptions.
But by & large, and one cycle that goes through contest & appeal ends up with the final word @SCOTUS. From there no lower court can re-visit it.
Of course congress could then write and pass a parallel, replacement law, and start the process all over. But it's still SCOTUS that gets the last word. Jury nullification might bear on lower courts. That doesn't work in SCOTUS.
"It should be obvious to anyone why conservatives and libertarians should be against Trump. He has no grounding in belief. No core philosophy. No morals. No loyalty. No curiosity. No empathy and no understanding. He demands personal loyalty and not loyalty to the nation. His only core belief is in his own superiority to everyone else. His only want is exercise more and more personal power." smb / purveyor of fact 18/03/18
The various states and We the People agreed in the ratification process to be subject to the Constitution.
jm #203
We're subject to it. SY's counterpoint is SCOTUS doesn't get the final word. In exceptional cases he's right.
But I suspect most SCOTUS rulings stand.
"It should be obvious to anyone why conservatives and libertarians should be against Trump. He has no grounding in belief. No core philosophy. No morals. No loyalty. No curiosity. No empathy and no understanding. He demands personal loyalty and not loyalty to the nation. His only core belief is in his own superiority to everyone else. His only want is exercise more and more personal power." smb / purveyor of fact 18/03/18
Many many times as this link shows. Stare Decisis is a joke
https://en.wikipedia.org/wiki/List_o...ourt_decisions
Reckless drivers are a bigger threat to you than all other criminals put together!
THE BIG LIE - Blacks and whites are different physically but identical mentally!
There is no way 81 million americans voted for a man they know is a child molester w dementia. Impeach Joe the Pedophile Vegetable (JPV)
Stare Decisis is a legal standard that has been with human kind for millennia." Stare Decisis is a joke " TK #205
Countless ancient Latin legal maxims are reflected in modern U.S. legal principle or precedent.
The modern English translation for Stare Decisis is simply: TO STAND BY THINGS DECIDED
No need to preach jury nullification to me. I've been at the head of that parade for generations." Stare Decisis is a joke " TK #205
But Stare Decisis is no joke.
Inconsistency in law is a population dissatisfaction time-bomb.
What matters is not the number of times, but the ratio of times."Many many times as this link shows." TK
What's the SCOTUS self-reversal rate?
I suspect it's far below 1%.
That may not prove SCOTUS' success rate is 99+%. But by that criterion it would be (if the <1% self-reversal rate holds).
"It should be obvious to anyone why conservatives and libertarians should be against Trump. He has no grounding in belief. No core philosophy. No morals. No loyalty. No curiosity. No empathy and no understanding. He demands personal loyalty and not loyalty to the nation. His only core belief is in his own superiority to everyone else. His only want is exercise more and more personal power." smb / purveyor of fact 18/03/18
Reckless drivers are a bigger threat to you than all other criminals put together!
THE BIG LIE - Blacks and whites are different physically but identical mentally!
There is no way 81 million americans voted for a man they know is a child molester w dementia. Impeach Joe the Pedophile Vegetable (JPV)
Interesting point.
That's not the only legal eyebrow raised by Bush v. Gore.
But we already know one such incursion, even by SCOTUS doesn't completely eliminate stare decisis, even if it portends to violate it, or holds open the prospect for violating it in the future. Perhaps we can call it a contingent violation.
However, let us please note that stipulation you have so wisely cited here, may be binding on future high courts rhetorically, but not so legally.
Any future SCOTUS is free to rule within bounds of law, no matter what pretense Bush v. Gore promised or implied.
To the contrary, as you so keenly point out, if they ever conflict, it's the Bush v. Gore stipulation that should fall, not an otherwise lawful high court ruling.
But thanks for the thoughtful, learned point.
"It should be obvious to anyone why conservatives and libertarians should be against Trump. He has no grounding in belief. No core philosophy. No morals. No loyalty. No curiosity. No empathy and no understanding. He demands personal loyalty and not loyalty to the nation. His only core belief is in his own superiority to everyone else. His only want is exercise more and more personal power." smb / purveyor of fact 18/03/18
Fentoine Lum (11-20-2018)
Reckless drivers are a bigger threat to you than all other criminals put together!
THE BIG LIE - Blacks and whites are different physically but identical mentally!
There is no way 81 million americans voted for a man they know is a child molester w dementia. Impeach Joe the Pedophile Vegetable (JPV)
Bookmarks