Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Fabozz
The Supreme Court sometimes overturns its own decisions. Plessy v. Ferguson (circa 1898) was overturned by Brown v. Board of Education (1954).

The Ga. Sodomy case was overturned last year. The juvenile death penalty case was overturned this year.

Examples of legislative type responses to judicial decisions include:

The cases that would have prevented an income tax were overturned by the 16th Amendment. Nowadays, you wouldn't need that amendment, but back then, they thought they needed it.

The cases that prevented labor unions (I believe based on freedom of contract) were overturned by legislation and later courts.

The cases that allowed monopolies were overturned by Teddy Roosevelt's antitrust laws.

5 posted on 04/01/2005 8:00:09 AM PST by Defiant (Amend the Constitution to nullify all decisions not founded on original intent.)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Defiant

Were Teddy Roosevelt's antitrust laws able to stand up to challenge due to the interstate commerce provision of the Constitution?


8 posted on 04/01/2005 9:28:41 AM PST by SunkenCiv (last updated my FreeRepublic profile on Friday, March 25, 2005.)
[ Post Reply | Private Reply | To 5 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson