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1 posted on 10/10/2015 8:10:22 PM PDT by cradle of freedom
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To: cradle of freedom

The 14th Amendment overturned Dred Scott.


2 posted on 10/10/2015 8:11:02 PM PDT by E. Pluribus Unum (Is the pope Catholic?)
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To: cradle of freedom
Plessy v Ferguson?

Dred Scott?

3 posted on 10/10/2015 8:11:22 PM PDT by CharlesOConnell (CharlesOConnell)
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To: cradle of freedom

Only by Constitutional Amendment.


4 posted on 10/10/2015 8:12:22 PM PDT by Bryan24 (When in doubt, move to the right..........)
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To: cradle of freedom

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.


5 posted on 10/10/2015 8:13:08 PM PDT by vette6387
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To: cradle of freedom

https://en.wikipedia.org/wiki/List_of_overruled_United_States_Supreme_Court_decisions


7 posted on 10/10/2015 8:14:04 PM PDT by sparklite2 (Eagles fan after loss to Dallas -- This is the first time I ever saw the "prevent offense".)
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To: cradle of freedom

“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.


8 posted on 10/10/2015 8:14:21 PM PDT by gorush (History repeats itself because human nature is static)
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To: cradle of freedom

yes


10 posted on 10/10/2015 8:18:10 PM PDT by Repeal The 17th (I was conceived in liberty, how about you?)
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To: cradle of freedom

Plessey v Ferguson was overturned by Brown v. Board of Ed.


11 posted on 10/10/2015 8:18:46 PM PDT by LS (Sess"Castles Made of Sand, Fall in the Sea . . . Eventually" (Hendrix))
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To: cradle of freedom

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.


12 posted on 10/10/2015 8:20:26 PM PDT by Bullish (Face it, insanity is just not presidential.)
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To: cradle of freedom

Only the supreme court can overturn their prior decision.


19 posted on 10/10/2015 8:32:02 PM PDT by oldbrowser (The kangaroos have taken over the supreme court.)
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To: cradle of freedom

Dred Scott was overturned. It took 600,000 American lives to do it.


20 posted on 10/10/2015 8:32:12 PM PDT by P-Marlowe (Tagline pending.)
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To: cradle of freedom

The Constitution does NOT make the USSC the last word on the Constitution. The Court- Chief Justice Marbury- assumed that power.


21 posted on 10/10/2015 8:32:36 PM PDT by arthurus (It's true.)
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To: cradle of freedom

They have overruled themselves a few times. They do whatever they want to do because they think they are all powerful gods.


23 posted on 10/10/2015 8:34:27 PM PDT by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: cradle of freedom

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.


26 posted on 10/10/2015 8:36:39 PM PDT by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: cradle of freedom; null and void; Velveeta; Myrddin; Califreak; Salvation; WildHighlander57; ...

Article and # 16.

30 posted on 10/10/2015 8:46:01 PM PDT by LucyT
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To: cradle of freedom
" I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the Government....At the same time, the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal."

-- Abraham Lincoln, First Inaugural Address

-----

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.

31 posted on 10/10/2015 8:47:10 PM PDT by EternalVigilance
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To: cradle of freedom

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


32 posted on 10/10/2015 8:47:59 PM PDT by Nifster (I see puppy dogs in the clouds)
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To: cradle of freedom
If the Supreme Court is merely construing a statute, Congress can (and often does) clarify the statute if they're not happy with the Supreme Court's interpretation.

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.

40 posted on 10/10/2015 8:55:17 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: cradle of freedom

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!


41 posted on 10/10/2015 8:59:00 PM PDT by Vineyard
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To: cradle of freedom

“[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


44 posted on 10/10/2015 9:12:40 PM PDT by EternalVigilance
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