Monday, February 8, 2010

True or False : Congress can never effectively overturn a U.S. Supreme Court decision by amending a statute.?

If congress changes a law, the Supreme Court decision still stands, because the law only applies to this point forward. ';Ex Post Facto'; laws are illegal. You can bring new cases to be tried under the new law, but it won't overturn the decision of the Supremes.





You can't arrest me for parking on the south side of the street a month ago, if you only enacted the law that made it illegal last week. When I did it, it was legal. You can change the law, but you can't make what I did before the law illegal.True or False : Congress can never effectively overturn a U.S. Supreme Court decision by amending a statute.?
I think the key phrase here is “effectively overturn,” meaning to overturn in effect or in application. In that case I believe the statement to be false because a statute declared unconstitutional may be so because of some element that the court objects to. If that element is removed by amending the law, the courts decision is “effectively” overturned even though it stands in the record in relation to the law in its original form.True or False : Congress can never effectively overturn a U.S. Supreme Court decision by amending a statute.?
False: The Supreme Court often interprets the ';intent of Congress'; when making a decision. If Congress passes new legislation making something explicitly clear, then that trumps the Supremes. The court might come back with the decision that the whole thing is unconstitutional.

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