The Supreme Court Is Not The Final Say On The Constitution

[WuWei]

Did you read Sotomayor’s dissent in Hawaii v. Trump?

[Samson_Corwell]

@WuWei

The Supreme Court Is Not The Final Say On The Constitution

The judiciary’s rulings are not the supreme law of the land, even rulings from the Supreme Court. The judiciary is not the only or even final arbiter on the Constitution.

Further, if the Supreme Court rules one way, it is likely to rule that way again, so continuing to push a law or policy that contradicted a previous decision may be futile. The precedent the court sets effectively prevents the same issue from arising, because lower courts will rule in accordance with that precedent.

This is an article from a law school student at George Mason University and fellow Texan.

He explains it much better than I ever have. Amazing what fresh eyes can see.

Well done young man.

I was not impressed by the article. Truisms, utterly ahistorical statements, and meaningless details.

[Samson_Corwell]

@BillBrown

@TheDoctorIsIn

@Safiel

This doesn’t always work, sometimes, but not always. Congress tried to limit habeas access to inmates at Guantanamo Bay, but the Supreme Court blew them off. If the courts feel a fundamental right is at stake, they will simply ignore an attempt at jurisdiction stripping.

There is a catch-22 there.

In a sense, in order for Congress to strip jurisdiction from the Court, the Court has to agree to it.

It shouldn’t.
Article II Section 2 says The Court’s appellate jurisdiction is given “with such exceptions, and under such regulations as the Congress shall make.”

It does not say ‘only if the Court agrees’

The remedy is impeachment. Any justice who denies congress’ power to determine jurisdiction could be impeached.

I think the Fourteenth Amendment can be read as modifying that.

[WuWei]

Thanks for sharing your opinion.

[Samson_Corwell]

@WuWei

Thanks for sharing your opinion.

Don’t thank me yet. I have a much longer draft post that I’m working on.

[TheDoctorIsIn]

You never came back.

[WuWei]

@TheDoctorIsIn

You never came back.

I’m still here.

[TheDoctorIsIn]

I assumed that when you said that you’d be back, you meant that you’d be back to address my post.

Apparently I was mistaken.

[WuWei]

There’s nothing to address.