Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Cboldt
most people will say the Constitution prevails.

Even if the precedent coincides with the earliest years?

Further, you would want to paint yourself into a corner in the event a future opinion would hinge on that? It would seem to me the smart person would avoid limiting himself in this venue and reserve those issues for actual opinions in actual cases.

Only the short sighted reactionary would fall into the trap of limiting future options.

207 posted on 01/11/2006 6:51:18 AM PST by Raycpa
[ Post Reply | Private Reply | To 160 | View Replies ]


To: Raycpa
I didn't want to flesh out the argument about the relative superiority of SCOTUS decisions and the Constitution. You are discussing tactics for the hearings, and as I said, Alito's answer will give (temporary) heartburn to some traditionalists (those who hold that the Constitution is the supreme law of the land, as compared with those who hold SCOTUS as the supreme law of the land).

If it makes you happy, I'll concede that you are absolutely correct, and there is no need for futher talk pn the matter.

273 posted on 01/11/2006 7:03:29 AM PST by Cboldt
[ Post Reply | Private Reply | To 207 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


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