Tyrannical on 30 May 2009
akuma587 said:
Tyrannical said:
Congress can over rule any Federal court decision based on State Law, the State Constitution, or Federal law.
Akuma, why don't you re-read what I originaly did write? I have no idea what you think I meant to go off on the tangent you did. I was referring to congress changing court precident by passing a new law when the president was not based on the Constitution.
I know the Federal government can't pass any laws it wants too. But thanks to FDR, what little it can't directly force onto the states by federal law, it can through court sanctioned blackmail. That's how the US got it's uniform 21 drinking age, because the states would loose federal funding. The States are supposed to fund the Federal government, not the other way around, but the introduction of federal income tax law changed all that.
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A federal court's interpretation of state law or a state constitution doesn't even involve Congress. That state's Supreme Court or that state's legislature is the one with the authority to do something about it. Congress doesn't have any say in the matter.
Furthermore, the Supreme Court doesn't even bother with state law unless it is deciding whether or not it is constitutional. Federal courts deal with it just because they have to. A state's legislature and a state Supreme Court are the ultimate interpreters of their own law, not Congress.
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What I've been saying all along is that after the fact, congress has altered the law to change a court opinion. I am not talking about any opinion based on the US constitution, but altering a federal law to change the interpetaion of a previous federal law.
With regards to the States part, I was referring to when a state law or state constitution is in disagreement with a federal law. It would then go to federal court. Once again I was referring to congress could alter the federal law in question to change the court opinion. You're reading far too much into what I'm saying.
Yet, today, America's leaders are reenacting every folly that brought these great powers [Russia, Germany, and Japan] to ruin -- from arrogance and hubris, to assertions of global hegemony, to imperial overstretch, to trumpeting new 'crusades,' to handing out war guarantees to regions and countries where Americans have never fought before. We are piling up the kind of commitments that produced the greatest disasters of the twentieth century.
— Pat Buchanan – A Republic, Not an Empire
