It looks like you're using an Ad Blocker.

Please white-list or disable AboveTopSecret.com in your ad-blocking tool.

Thank you.

 

Some features of ATS will be disabled while you continue to use an ad-blocker.

 

Does the Executive Branch Have Authority to Override Supreme Court Decisions?

page: 1
0

log in

join
share:

posted on Mar, 21 2005 @ 01:11 PM
link   
Does the Executive Branch have the right to override a supreme court’s decision? It seems that if it does, doesnt that make any supreme court decision tenuous at best, and at the mercy of the Executive Branch's own interpretation? It doesn’t seem like an impartial set of checks and balances are in place if the Executive Branch of the federal government can override a decision made by any state’s Supreme Court.

In theory only, with no specific case in mind, isn’t the idea of this somewhat perverse?




posted on Mar, 21 2005 @ 01:15 PM
link   
To put it plainly congress has no right under the authority they have been given under any circumstances to overide state law or law's because they are not a court.

But fear not they have no idea what kind of can of worm's they just opened up.


Falcon has a plan and I and other's will be laughing last.


Falcon



posted on Mar, 21 2005 @ 01:16 PM
link   
No, this is not possible. Congress could change the playing field by passing a new law, making reconsideration necessary in some cases, as in the Schiavo case. The only way the Supreme Court could truly be overruled is by Constitutional Amendment, requiring 2/3 of both chambers of Congress and 3/4 of States.



posted on Mar, 21 2005 @ 01:19 PM
link   

Originally posted by falcon
To put it plainly congress has no right under the authority they have been given under any circumstances to overide state law or law's because they are not a court.


This is not true. Congress can always pass a new law, overriding any state decision in the matter, as long as it fits into the realm of Congress outlined in the constitution. The commerce clause of the constitution has been so expanded and generalized, that now that covers almost anything.



new topics

top topics
 
0

log in

join