The 14th Amendment overturned Dred Scott.
Dred Scott?
Only by Constitutional Amendment.
It is long past time when we amend whatever needs amending to provide for retention votes for the SCOTUS! They are without question the most corrosive of the three branches of government.
“Stare Decisis” is the camel’s nose under the tent. Bad decisions are used as precedents for more bad decisions. It happened early in US history Marbury v. Madison. The Supreme Court is far more powerful than was intended.
yes
Plessey v Ferguson was overturned by Brown v. Board of Ed.
We need to have another article 2 convention of the states and we need one bad. Before we lose everything to these tyrannical bastards in Washington.
Only the supreme court can overturn their prior decision.
Dred Scott was overturned. It took 600,000 American lives to do it.
The Constitution does NOT make the USSC the last word on the Constitution. The Court- Chief Justice Marbury- assumed that power.
They have overruled themselves a few times. They do whatever they want to do because they think they are all powerful gods.
The federal Congress can set the boundaries of the Supreme Court’s jurisdiction. It can set some issues beyond the purview of federal courts.
The Congress could pass a law recognizing the scientific fact that human life begins at conception, that laws dealing with the taking of innocent human life apply, and that the courts may not review these findings. This would take abortion out of the jurisdiction of federal courts.
Article and # 16.
-- Abraham Lincoln, First Inaugural Address
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Only laws can be "overturned," and courts do NOT make laws.
The courts are only legitimately empowered to rule in the cases that come before them, which rulings are binding only on the parties to those cases. That's it. They have no legislative powers, no veto powers, no executive powers.
Any opinions the courts has are their own. They are not binding on the other branches of government, whose officers have sworn a sacred oath to support and defend the Constitution, not to obey usurping, immoral, out of control judges.
The judicial supremacist lie is destroying this free republic.
OMG learn some history
Poesy vs Ferguson
Dred Scott
The history of SCOTUS is full of over turned decisions PLUS congress can act to undue a decision
Read your constitution. Read Mark Levin
If the Supreme Court is interpreting the Constitution, its decision can be overturned by a constitutional amendment (as mentioned above, the 14th Amendment overturned Dred Scott; and the 16th Amendment overturned the Pollack case which held certain forms of income tax unconstitutional).
The Supreme Court has also overruled its own prior constitutional decisions, although not often. Brown v. Board of Education overruled Plessy v. Ferguson, for example.
Some added fun off the top....
Supreme Court Justice David Kennedy - also known as the key swing vote on decisions (where he can side with liberals for a 5/4 vote, or side with conservatives for a 5/4 vote)...sometimes has been known to ignore previous Supreme Court decisions (the stare decisis mentioned earlier) ...and will overturn prior decisions.
AND - a later more refined Kennedy has overturned an earlier less informed Kennedy....Check some decisions related to how the death penalty can be applied, or decisions related to homosexual rights. And he has overturned some of his prior decisions!
[N]othing in the Constitution has given [the judiciary] a right to decide for the Executive, more than to the Executive to decide for them. Both magistracies are equally independent in the sphere of action assigned to them the opinion which gives to the judges the right to decide what laws are constitutional, and what are not, not only for themselves in their own sphere of action, but for the Legislature & Executive also, in their spheres, would make the judiciary a despotic branch.
- Thomas Jefferson