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

To: Red Steel
You left this out which modifies what I said,

Modification or not, I asked that you provide an authoritative citation or at least an example where this occurred. In contrast, I can provide a large number of counter-examples where it was not true. You can start with this list:

ACTS OF CONGRESS HELD UNCONSTITUTIONAL

Not all of those will apply. In some of them, the district court held something unconstitutional, but the circuit court disagreed, and then the Supreme Court agreed (with the district court). In others, it was the district court that got it wrong first, and the circuit court was the first to agree that it was unconstitutional.

A US district court decision does not automatically change the law in the entire US. It certainly calls things into question, but it's not even a binding precedent outside that district.

Revoking a law nationwide requires a decision by the Supreme Court, although you can achieve the same thing with a Circuit Court case that becomes precedent nationwide. That's why the Supreme Court rarely takes a case unless the Circuit Courts disagree -- there's no need.

143 posted on 02/03/2011 4:15:47 PM PST by justlurking (The only remedy for a bad guy with a gun is a good WOMAN (Sgt. Kimberly Munley) with a gun)
[ Post Reply | Private Reply | To 139 | View Replies ]


To: justlurking
ACTS OF CONGRESS HELD UNCONSTITUTIONAL

It'd be nice if that were a declarative statement. For example, amending the First Amendment to read "Congress shall make no law."

146 posted on 02/03/2011 5:50:02 PM PST by bIlluminati (Don't just hope for change, work for change in 2011-2012.)
[ Post Reply | Private Reply | To 143 | 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