[Vanity] Has a Supreme Court decision ever been overturned?

[cradle of freedom]

Has a Supreme Court decision every been overturned? Does the Constitution permit a way to fix a bad Supreme Court decision?

[arthurus]

The Constitution does NOT make the USSC the last word on the Constitution. The Court- Chief Justice Marbury- assumed that power.

[dp0622]

Blackmail is a brutally effective tool. I think we all have something we would do anything to keep secret.

When it’s men in power, it’s very dangerous.

As for me, i’m 47, an ex boxer, and straight, but sometimes i squeeze my cat and call him my baby. now if that were ever to get out...oh wait

[The Ghost of FReepers Past]

They have overruled themselves a few times. They do whatever they want to do because they think they are all powerful gods.

[TheCipher]

Correct. We need a constitutional amendment to allow a certain number of states to nullify past or present Supreme Court decisions.

I like Mark Levin's suggestion from The Liberty Amendments

SECTION 1: No person may serve as Chief Justice or Associate Justice of the Supreme Court for more than a combined total of twelve years.

SECTION 2: Immediately upon ratification of this Amendment, Congress will organize the justices of the Supreme Court as equally as possible into three classes, with the justices assigned to each class in reverse seniority order, with the most senior justices in the earliest classes. The terms of office for the justices in the First Class will expire at the end of the fourth Year following the ratification of this Amendment, the terms for the justices of the Second Class will expire at the end of the eighth Year, and of the Third Class at the end of the twelfth Year, so that one-third of the justices may be chosen every fourth Year.

SECTION 3: When a vacancy occurs in the Supreme Court, the President shall nominate a new justice who, with the approval of a majority of the Senate, shall serve the remainder of the unexpired term. Justices who fill a vacancy for longer than half of an unexpired term may not be renominated to a full term.

SECTION 4: Upon three-fifths vote of the House of Representatives and the Senate, Congress may override a majority opinion rendered by the Supreme Court.

SECTION 5: The Congressional override under Section 4 is not subject to a Presidential veto and shall not be the subject of litigation or review in any Federal or State court.

SECTION 6: Upon three-fifths vote of the several state legislatures, the States may override a majority opinion rendered by the Supreme Court.

SECTION 7: The States’ override under Section 6 shall not be the subject of litigation or review in any Federal or State court, or oversight or interference by Congress or the President.

SECTION 8: Congressional or State override authority under Sections 4 and 6 must be exercised no later than twenty-four months from the date of the Supreme Court rendering its majority opinion, after which date Congress and the States are prohibited” from exercising the override.

[jsanders2001]

> As for me, i’m 47, an ex boxer, and straight, but sometimes i squeeze my cat and call him my baby. now if that were ever to get out...oh wait

Don't worry. Your secret is safe with me...: ^ )

[sitetest]

The federal Congress can set the boundaries of the Supreme Court’s jurisdiction. It can set some issues beyond the purview of federal courts.

The Congress could pass a law recognizing the scientific fact that human life begins at conception, that laws dealing with the taking of innocent human life apply, and that the courts may not review these findings. This would take abortion out of the jurisdiction of federal courts.

[Pelham]

“Actually, it was the Civil War which overturned Dred Scott.”

Well that’s certainly the pop-version of history.

Assuming you mean the Emancipation Proclamation, that affected only the “states in rebellion” meaning that it did not apply to slaves in the states that remained in the Union.

The civil war ended in April 1865. Slavery continued in some Union states until the 13th Amendment went into effect on December 18, 1865

[napscoordinator]

I am surprised that you thought the Supreme Court allowing the vote count in Florida to stop was horrible. I think the Supreme Court does a decent job overall. The gay marriage, abortion and obamacare rulings were the worst. However, they did wonders for Hobby Lobby and others.

[crusher2013]

Meow!

That’s cat for give me 50 bucks to keep your secret safe. (for a few days at least)

[LucyT]

Article and # 16.

[EternalVigilance]

" I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the Government....At the same time, the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal."

-- Abraham Lincoln, First Inaugural Address

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Only laws can be "overturned," and courts do NOT make laws.

The courts are only legitimately empowered to rule in the cases that come before them, which rulings are binding only on the parties to those cases. That's it. They have no legislative powers, no veto powers, no executive powers.

Any opinions the courts has are their own. They are not binding on the other branches of government, whose officers have sworn a sacred oath to support and defend the Constitution, not to obey usurping, immoral, out of control judges.

The judicial supremacist lie is destroying this free republic.

[Nifster]

OMG learn some history

Poesy vs Ferguson
Dred Scott

The history of SCOTUS is full of over turned decisions PLUS congress can act to undue a decision

Read your constitution. Read Mark Levin

[Hugin]

Nope. The court’s jurisdiction in most cases is subject to such “exceptions and regulations” that Congress passes. Read Article III. So Congress can pass a bill and forbid the court to rule on it’s constitutionality.

[Nifster]

WRONG

[Nifster]

Also wrong

[dp0622]

lol. I’d be ruined in these parts.

[RightLady]

This was the Warren Court. He was an activist (and a Traitor) He overturned many laws that had previously been ruled in the opposite way. There was a movement to have him impeached, but the media wouldn’t hear of it. When Ike left office he said that the worst decision he ever made in his life was appointing Earl Warren to SCOTUS. Roe vs Wade was another gem. about every un-American ruling began under this evil man. He changed the intent of the 13 and 14 Amendments.

[taxcontrol]

.... and civil war.

[Ready4Freddy]

“So Congress can pass a bill and forbid the court to rule on it’s constitutionality.”

That didn’t work with Gitmo.

[Lurking Libertarian]

If the Supreme Court is merely construing a statute, Congress can (and often does) clarify the statute if they're not happy with the Supreme Court's interpretation.

If the Supreme Court is interpreting the Constitution, its decision can be overturned by a constitutional amendment (as mentioned above, the 14th Amendment overturned Dred Scott; and the 16th Amendment overturned the Pollack case which held certain forms of income tax unconstitutional).

The Supreme Court has also overruled its own prior constitutional decisions, although not often. Brown v. Board of Education overruled Plessy v. Ferguson, for example.