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To: Cboldt
“I don’t agree with the idea that the Constitution always trumps stare decisis.”

Would you want to be on record with an "always statement" if you were about to become a SC justice? The law is about exceptions. If it were not so, we could use computers.

126 posted on 01/11/2006 6:36:33 AM PST by Raycpa
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To: Raycpa
Would you want to be on record with an "always statement" if you were about to become a SC justice? The law is about exceptions.

The analysis and discussion at Confrimthem is pretty good. The question can be construed as "Between a Supreme Court precedent and the Constitution, which has superior force?"

The answer depends on how one sees the Supreme Court precedent as being in conformity with the Constitution, and the extent of force the precedent retains - but if there is a difference between precedent and the Constitution, and the precedent is toady an active force in law, most people will say the Constitution prevails.

160 posted on 01/11/2006 6:43:46 AM PST by Cboldt
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