Sunday, February 7, 2010

It is impossible for a decision issued by the Supreme Court to be overturned. True or False ?.?

I was having trouble with interpreting this question. Is it possible for any body outside the judiciary to overturn a decision. Please let me know what you think.It is impossible for a decision issued by the Supreme Court to be overturned. True or False ?.?
False.





Congress regularly passes legislation ';overturning'; a Supreme Court decision by passing a law. Remember, not all Supreme Court decisions are based on interpretation of the Constitution - some are interpretations of legislation that Congress has previously passed. If Congress wishes to, it can write new legislation.





A good example - and I'm not taking a position on whether or not this is a good idea - just stating the example: the Supreme Court held that the Bush Administration acted outside its powers by conducting warrantless wiretaps. The Bush Administration then asked Congress to write a new law permitting such warrantless wiretaps. That legislation is pending...but if passed, absent other problems with it, would, in effect, overturn the Supreme Court decision.It is impossible for a decision issued by the Supreme Court to be overturned. True or False ?.?
Yes, Congress can pass a law that would overturn a decision relating to a federal statute. If it is a matter of constitutional interpretation, then an amendment would have to be passed and ratified.
With enough justification, a ruling by the Supreme Court can be overturned. That is why we have the checks and balences in our government.
It most certainly is possible for the other two branches to ';overturn'; a Supreme Court decision.





Congress can propose a constitutional amendment to reverse a Court ruling. It then needs to be ratified by 3/4ths of the states. Four of the amendments adopted so far (I wish there were a lot more) have had the effect and undoubtedly the purpose of reversing certain Court rulings.





The executive branch -- The President, his cabinet, the bureaucrats, etc. -- are the ones who actually ENFORCE what the Court has ruled. The executive branch can simply choose NOT to enforce. This is consistent with what we know to be the view of one of the Founding Fathers. Al Hamilton said that the judiciary ';must ultimately depend upon the aid of the executive arm for the efficacy of its judgments.'; It is has been pointed out that at one point in the early 19th Century, President Andrew Jackson flat-out refused to enforce a particular Court ruling which dealt with the issue of certain lands in Georgia claimed by Native American Indians. I've also seen a source claim that the Court, in 1954, had ruled in favor of a particular black man to be admitted into an all-white state-supported university in Florida. But the man was never admitted -- the state of Florida refused to obey the Court.
only the supreme court can change there decisions
First off, I am assuming that you mean the US Supreme Court.





Depending on the issues, state Supreme Court decisions can be challenged in Federal Court (there has to be a federal issue).





As far as the US Supreme Court:








The legislature can pass new laws to overturn decisions sometimes. If it is a constitutional decision, the constitution could be modified.








There is the doctrine of stare decisis in which the Supreme Court is supposed to follow prior decisions, but sometimes, it overturns its own decisions.
It is not possible for anyone outside the judiciary to overturn the decision, but the court itself can change its mind through decisions in other cases.
King George probably thinks he can.

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