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To: BeauBo

Keep researching. Congress cannot only establish and abolish courts, it can also limit the subjects the court can review.

“It does not allow Congress to make or overturn court decisions.”

Not only can Congress overturn or modify judicial decisions, it can completely ignore them. Congress is sovereign; the court is not. The Founders never intended for the courts to be a super legislature. The Courts have no constitutional authority to legislate, meaning it cannot create or nullify law. All it can do constitutionally is issue opinions and oversee its singular dominion - the courts.


98 posted on 10/29/2016 3:23:56 PM PDT by sergeantdave (Trump will give us 80% of what we want, while hillary will take 100% of what we have)
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To: sergeantdave

“Not only can Congress overturn or modify judicial decisions, it can completely ignore them.”

“The Courts have no constitutional authority to legislate”

Nice theories, which obviously don’t hold up in practice.

In theory, Congress could pass a new law, or disband a court. In practice, as I remind you again, they have not in this case, despite having decades of opportunity.
They are afraid of being called racist.

Do you still claim that the 1982 consent decree is “impossible”, after it being in force for 34 years?


100 posted on 10/29/2016 9:39:09 PM PDT by BeauBo
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To: sergeantdave

“Not only can Congress overturn or modify judicial decisions”

Wrong.

There is no constitutional or legal basis for that. They can defy a ruling (like anyone else could - illegally, and unconstitutionally, but probably beyond enforcement), or they could pass a new to be in force until the court strikes it down as well (as legislatures areas like D.C have done repeatedly to enforce unconstitutional gun control measures).

Congress can’t just declare someone innocent who is found guilty by a court - they cannot modify or overturn court decisions like some kind of veto power. The closest thing would be to pass a new law on the topic (which would itself be subject to court review).


102 posted on 10/29/2016 9:54:58 PM PDT by BeauBo
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