| akuma587 said: A lot of Supreme Court law is 100% court made. Its common law. Congress cannot change many of the Supreme Court's ruling on a wide variety (but not all) of issues or else they will violate separation of powers. We live under a common law judicial system. Unless a statute is involved (and the majority of the Supreme Court's cases do not involve statute), it doesn't matter what Congress has to say. You can't defer to Congress when Congress doesn't have the subject matter jurisdiction to speak on the issue. |
Congress can over rule any Federal court decision based on State Law, the State Constitution, or Federal law. I'm pretty sure all applicable common law has been codified at the federal level. I'm not so sure on the state level, but I'd be surprised if it hasn't been codified as well.
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
