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Thread: Can a supreme court ruling be unconstitutional?

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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by Groucho View Post
    Technically, no. Who decides whether an opinion is unconstitutional? The Supreme Court. It's a catch 22.

    In my opinion, have they ever made decisions that run counter to the Constitution? Of course (including the one today about Miranda).

    in the long run though someone has to be the "decider" at the top, and it's them.
    Thanks. Thats kind of what I was getting at. I was less concerned about people's opinions about whether they liked one ruling or not and more curious about the actual legal mechanism behind the decisions.

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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by Southern Man View Post
    Now you want to stick to the topic. How ironic.

    Meg.
    If you will notice, I had responded to you and zimmer while also responding to this derailment. So yes, I have been sticking to the topic.

  3. #33
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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by Southern Man View Post
    True, but I was referring to the retarded "living breathing" argument. Libtards no longer consider amendments necessary.
    No liberal has called the constitution a "living breathing" document in this thread. It's about whether or not SCOTUS can make unconstitutional rulings.
    When the debate is lost, slander becomes the tool of the loser. -Socrates
    Tired of elections being between the lesser of two evils.

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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by megaprogman View Post
    This would be an example LiberalAvenger. Notice that nothing of substance was added to the thread, however an opinion was given.
    It sounded more like an insult than an opinion to me, IMO.

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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by digsbe View Post
    No liberal has called the constitution a "living breathing" document in this thread. It's about whether or not SCOTUS can make unconstitutional rulings.
    Yep. It is about the legal mechanism itself and if it is self defining.

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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by Southern Man View Post
    Toss the ball so I can hit it, out of the park.
    It's been tossed. Instead of saying you can hit it out of th epark, take a swing at it. Otherwise you'll keep watching them go down the center of the plate.
    Tucker Case - Tard magnet.

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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by LiberalAvenger View Post
    What's a libtard?
    Quote Originally Posted by Groucho View Post
    Technically, no. Who decides whether an opinion is unconstitutional? The Supreme Court. It's a catch 22.

    In my opinion, have they ever made decisions that run counter to the Constitution? Of course (including the one today about Miranda).

    in the long run though someone has to be the "decider" at the top, and it's them.
    Congress has the power to impeach Supreme Court judges, but lacks the fortitude.

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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by Tucker Case View Post
    It's been tossed. Instead of saying you can hit it out of th epark, take a swing at it. Otherwise you'll keep watching them go down the center of the plate.
    Provide a quote, in context.
    Last edited by Southern Man; 06-01-10 at 02:31 PM.

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    Re: Can a supreme court ruling be unconstitutional?

    Tom Paine made one of the best arguments about the constitution being a "living document" He said that if it was not a living document then we would be cursed with rule by the dead (words to that effect.

    Debate: Is the US Constitution a living document, which should change over time? - Helium

  10. #40
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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by Southern Man View Post
    Provide a quote, in context.
    Easy:

    These three qualifications excepted, the power to raise money is plenary, and indefinite; and the objects to which it may be appropriated are no less comprehensive, than the payment of the public debts and the providing for the common defence and "general Welfare." The terms "general Welfare" were doubtless intended to signify more than was expressed or imported in those which Preceded; otherwise numerous exigencies incident to the affairs of a Nation would have been left without a provision. The phrase is as comprehensive as any that could have been used; because it was not fit that the constitutional authority of the Union, to appropriate its revenues shou'd have been restricted within narrower limits than the "General Welfare" and because this necessarily embraces a vast variety of particulars, which are susceptible neither of specification nor of definition.
    No less comprehensive than plenary and indefinite.

    http://press-pubs.uchicago.edu/found...a1_8_1s21.html
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