akuma587 said:
No, you are wrong. And I don't even know what you mean by "the State Constitution." Congress cannot contradict what the Supreme Court says the Constitution requires (although they can provide additional protections to people, they just can't go in the opposite direction, such as doing what the Constitution forbids). Its a separation of powers issue. The Supreme Court is the final interpreter of what the Constitution means, period. That includes the vast majority of constitutional jurisprudence. Think of "constitutional common law" as constitutional jurisprudence. This is why I know someone knows nothing about constitutional law when they say it is the Supreme Court's job to "interpret" the law. They make law when it comes to the Constitution. Plain and simple. That's how it has been for the last 200 years. On an unrelated note, there is a little bit of federal common law, but that is a different issue entirely. |
What do they teach you in law school? Congress can pass a new federal law which has supremacy over state law, state constitution, or a previous federal law. Congress has many times passed a new law because they did not like a federal court's interpretation of it. "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives", a fact many activist judges seem to over look.
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







