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The Supreme Court Is Not The Final Say On The Constitution
The Federalist ^ | March 22, 2019 | Benjamin R. Dierker

Posted on 03/22/2019 5:31:49 AM PDT by gattaca

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1 posted on 03/22/2019 5:31:49 AM PDT by gattaca
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To: gattaca

Nice in theory, however try to live with just the Constitution as the law....not USSC opinions, and you’ll soon end up in jail, or worse.....


2 posted on 03/22/2019 5:37:40 AM PDT by AnalogReigns
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To: gattaca

Lawyers.... My Pop told me “They taste just like chicken.”


3 posted on 03/22/2019 5:40:24 AM PDT by unread (Joe McCarthy was right.......)
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To: gattaca
...the Supreme Court is not a supreme constitutional council with the sole and final say on legal matters.

True, but those placed on SCOTUS from the beginning of our nation have ascribed to themselves more and more power. They need to be reined in...

4 posted on 03/22/2019 5:43:13 AM PDT by jeffc (The U.S. media are our enemy)
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To: gattaca

We the people have the final say... and until enough are ready to remedy the situation, things will get worse.


5 posted on 03/22/2019 5:45:35 AM PDT by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world.)
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To: gattaca

The view must be very nice from that ivory tower, but down here in the weeds we’re still living with Rowe v. Wade, and Heller v. D.C.


6 posted on 03/22/2019 5:52:54 AM PDT by Yo-Yo ( is the /sarc tag really necessary?)
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To: gattaca

Justice John Roberts could have written this opinion piece but it still would not change reality.

Reality:

Decisions are considered law by the Congress and the Executive branch.

A decision by SCOTUS provides precedent on which lower courts will rule and by which law suits will be accepted by litigators.

SCOTUS is co-equal in the sense that it is embedded into the politics of our government.

SCOTUS is every bit as political as the Congress and the Executive branch. The Constitution made it a political body by providing for the President to nominate and the Senate to approve judicial appointments.

That’s reality!


7 posted on 03/22/2019 5:55:46 AM PDT by sonofagun (Some think my cynicism grows with age. I like to think of it as wisdom!)
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To: gattaca

Look to the Declaration of Independence!


8 posted on 03/22/2019 6:00:48 AM PDT by Medjman
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To: gattaca

This essay should be required reading for Donald Trump.

Every time the Democrats throw an injunction at him, he walks away from the issue.

Or even worse - he sends career DOJ Leftist lawyers into court to “defend” his policies.

The only way Trump can have any impact on the Deep State is to flagrantly ignore judicial decisions - and risk impeachment.


9 posted on 03/22/2019 6:07:58 AM PDT by zeestephen
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To: sonofagun
A lady asked Benjamin Franklin: "Well Doctor what have we got a republic or a monarchy?"
"A republic," replied the Doctor, "if you can keep it.”

I think we lost the republic with Marbury v Madison in 1803. Justice John Marshall decided that the Supreme Court could decide what was and what was not a law. Black robed tyranny started early.

10 posted on 03/22/2019 6:09:18 AM PDT by ClearCase_guy (If White Privilege is real, why did Elizabeth Warren lie about being an Indian?)
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To: gattaca

so how does the 2nd amendment fit?


11 posted on 03/22/2019 6:10:11 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: ClearCase_guy
Black robed tyranny started early.

Chilling. And sobering.

12 posted on 03/22/2019 6:13:29 AM PDT by Bloody Sam Roberts (I don't give a hoot about what people have to say...I'm laughing as I'm analyzed.)
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To: gattaca

Natural born citizen still means born here of citizen parents.


13 posted on 03/22/2019 6:13:34 AM PDT by Lurkinanloomin (Natural Born Citizen Means Born Here of Citizen Parents_Know Islam, No Peace-No Islam, Know Peace)
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To: gattaca

The problem with the USSC is that it forgot its primary mission long ago. It isn’t and hasn’t been a arbiter in ages - it now serves as a hyper-partisan extension of the political parties. Especially the Dhimmicrap party.


14 posted on 03/22/2019 6:16:13 AM PDT by rockrr ( Everything is different now...)
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To: gattaca

Every court decision establishes precedence, which is legal ammo in subsequent trials.

The court has the power, over time, to define the impact of laws in how they are interpreted.

Congress passes laws that are intentionally not well defined for political reasons. The generation of each law is a compromise. This delegates power to the courts.

The lack of proper definition in the law increases the courts’ ability to shape interpretation and precedence, and thus increases the courts’ power.


15 posted on 03/22/2019 6:17:30 AM PDT by MV=PY (The Magic Question: Who's paying for it?)
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To: gattaca

The Supreme court determines what is not law. Scotus determines if a law is constitutional.

The three political justices do not believe in the constitution. they support the right of judges to legislate. the three women must be eliminated to have a fair court


16 posted on 03/22/2019 6:23:27 AM PDT by bert ( (KE. N.P. N.C. +12) Honduras must be invaded to protect America from invasion)
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To: jeffc

Andrew Jackson had the right idea, to wit: Justice Marshall has made his decision, now let him enforce it”. And he wasn’t impeached. But, of course, he was a Democrat.


17 posted on 03/22/2019 6:29:23 AM PDT by NTHockey (Rules of engagement #1: Take no prisoners. And to the NSA trolls, FU)
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To: zeestephen

Exactly right.


18 posted on 03/22/2019 6:29:48 AM PDT by gibsonguy
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To: sonofagun

All it will take is one POTUS with the courage to tell the court thanks for your opinion but it will not be enforced. It is not in the Constitution. Then let the Congress work it out.


19 posted on 03/22/2019 6:33:10 AM PDT by mosaicwolf
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To: jeffc

Unfortunately, generally speaking, the populace has been lulled into believing that Judges are the final arbiters in all things. It’s no different than the 9th Circuit issuing broad injunctions on all things Trump, while another Circuit agrees with the President. Unfortunately, all is deferred to the 9th Circuit for some odd reason.

I’m pretty sure I read that there is no law granting Judicial Immunity. But, it’s accepted as fact. SCOTUS has made decisions on it, but I don’t think there’s a federal law with regards to it.

Think about Jury Nullification. A number of judges are against the practice. IMHO, it takes away their power and they don’t like that.

All of this makes me think of the Battle of Athens and how the people of Athens, Tenn took back their town. The corrupt Mayor and Sheriff are no different than the corrupt judiciary of today. We have the same FISC Judge, Contreras, making a decision based on his belief in climate change, rather than the facts. We have former SCOTUS Judge Kennedy admitting that his decision on gay marriage was based on emotion and how he felt bad for gays, rather than on the facts.

At the end of the day, the power is in the People. But, we’re too divided as a nation to do anything like that. And we’re becoming more divided every day. No one person is going to change that. Not Donald Trump, Ghandi, or Jesus Christ. There are lots of folks in the middle that could probably find common ground on a number of issues. But, folks like Sanders, AOC, Omar, Pressley, Tlaib, ANTIFA, etc etc are making it increasingly difficult for that to happen.

For me, the worst part is, it always seems like the Left gets their way. Immigration is the perfect example. Half the country wants it. Half the country doesn’t. But it’s still happening and getting worse every day. So, the half that wants it, the Left, wins. Day in, Day out.


20 posted on 03/22/2019 6:34:32 AM PDT by qaz123
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