Celebrating the 40th anniversary of Return of the Jedi

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Post By
The Avenger

Location: New Jersey
Member Since: Thu Dec 02, 2021
In Reply To
The Silver Surfer

Member Since: Sat May 17, 2008
Subj: Re: No.
Posted: Mon May 09, 2022 at 06:03:42 pm EDT (Viewed 241 times)
Reply Subj: No.
Posted: Mon May 09, 2022 at 05:14:52 pm EDT (Viewed 260 times)



      Ruling that something is true does not make it true

    That is EXACTLY what it means.

    The case I mentioned before form 1803... Maybury v. Madison, is what established the Supreme Court's role as interrupting the Constitution.

    That means what ever they ruling is legal reality. Whether it is good or bad, it is legal reality.

    Since the legal system is based on the conpet of precident, especially when applied to the highest court in the land.

What you're saying is that the Supreme Court has the unassailable prerogative to rule however they want on whatever they want, with no restrictive principle of any kind, and with no way to ever be in error. Consider what that could mean in practice. Your argument transforms these nine individuals into gods.

It has to be possible for us to tell SCOTUS they're wrong. There has to be a restrictive principle by which we can identify error. We can't allow stare decisis to eternally enshrine the arbitrary whims of nine masters of the universe. They have to be accountable to some principle, and it can't be simply stare decisis, because that would mean they're accountable ONLY to their previous arbitrary whims.

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