NFIB v Sebelius - one of the best of all times.
Is it not?
No, it is not. But you know this.
The pendulum has been swinging back from Wickard, and has been since the 90s.
Well, that’s the thing.
Roberts’ opinion in NFIB v. Sebelius was in effect, a rebuke of Wickard.
Since you have this visceral hatred for the SC, how would determine constitutionality of laws.
His visceral hatred of all judges leads to his motivated reasoning in threads like this.
It would be hard to find a person more untrustworthy on the topic.
Ephors.
Have you read Robert’s opinion?
Was it? On the surface it appears so.
Consistently?
Is the basis for it not common law?
The Constitution mentions common law in the 7th Amendment.
The talk of a new justice and the accompanying hysteria has renewed a question in my mind I’ve asked before and never got an answer to.
Does the judiciary give more weight to their own decisions or to the actual Constitution?
If it is the former, was this the intention?
Again if it is the former, does this tendancy accelarate the drift away from the anchor?
Generally, right thinks you interpret the constitution, the left thinks you can just make up what ever and pretend it’s in the constitution…
A little help perhaps:
Stare decisis is Latin for “to stand by things decided.” In short, it is the doctrine of precedent.
Courts cite to stare decisis when an issue has been previously brought to the court and a ruling already issued. According to the Supreme Court, stare decisis “promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process.” In practice, the Supreme Court will usually defer to its previous decisions even if the soundness of the decision is in doubt.
stare decisis | Wex | US Law | LII / Legal Information Institute
Yes, only in the courts do two wrong decisions make a right …
I was listening to Chuck Schumer talking about settle law being Constitutional…I’m going what does that mean?
Using precedent allows us to moves us to away from original intent into “Living Document” theory, or evolving Constitution 1 incremental steps at a time.
Now I understand why for consistency but you need to have correction in the system itself, without this corrections the Constitution would not be recognizable from original intent…in which we are witnessing today.
I also understand why democrats are advocating this in their attempt to remake society under their image…not our founders.
Yes. Goverment overreach had accelerated ever since.
I would like to see Wickard v Filburn outright reversed.
You must be little boy. In time when you gain some wisdom under your belt you will realize respect should be given until you proven otherwise…in which you just clearly did.
I agree, it has to some extent…until 9/11.
Oh and I never made any such claim. In fact I never made any claim at all I don’t believe.
You’ve also never said how you want laws determined for constitutionality since it appears you don’t like how the SC does it.
Are you ever going to grace us with an answer?
Indeed. Ruling according to the text and intent of the constitution gave us such rulings as Dred Scot.
The original decision interpreted the Constitution.
Your question sets up a false dichotomy. The alternatives overlap. The implied assumption in your question renders it worthless.
Plessy vs Ferguson predated Brown vs Board of Education. Brown overturned Plessy.
By your reasoning we need to return the Plessy, since it interpreted the Constitution.