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To: montanajoe
The Constitution is what a one vote majority of nine justices say it is..folks can argue swear or whatever but that is the fact.

If that is the case then the Supreme Court is not constrained by the Constitution. That is, the Court could decide a case that directly gives aid and comfort to the enemies of the United States (like, say, forbidding the States to uphold federal immigration law) and nothing can be done about it.

Indeed, if the Constitution is whatever the majority of Justices say it is, then they are a super-legislature and can make whatever laws they please (like Obamacare) and unmake legitimate laws enacted by the states (like what Roe v. Wade did to the states) regardless of any constraint.

16 posted on 10/13/2012 4:52:21 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark
Yep that's about the size of it...
18 posted on 10/13/2012 8:48:29 PM PDT by montanajoe (Blamed Flamed Shamed didn't vote for R/R or O/B)
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