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To: Nuc 1.1
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.

24 posted on 10/10/2015 8:35:14 PM PDT by TheCipher (Suppose you were an idiot and suppose you were a member of Congress. But I repeat myself. Mark Twain)
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To: TheCipher
Upon three-fifths vote of the House of Representatives and the Senate, Congress may override a majority opinion rendered by the Supreme Court.

This is silly and Levin knows better. SCOTUS decisions are not yes/no things. If you read them they are nuanced and complex, and no one familiar with them would ever suggest that state legislatures are in a position to "override".

It isn't that that SCOTUS is the absolute authority, just that their decisions aren't simple or simplistic and it's populist nonsense to say the states should be able to simply override them.

51 posted on 10/10/2015 9:50:49 PM PDT by semimojo
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