• SpaceCowboy@lemmygrad.ml
    link
    fedilink
    arrow-up
    13
    ·
    edit-2
    3 years ago

    Yes. The Supreme court is supreme. Congress can pass statutes which contradict the supreme court rulings, but the supreme court could rule against the statute but that would take years typically. It is all quite complicated though and I am not an expert on constitutional law. It’s all pretty much rigged to permit the outcome desired by the ruling class.

    What congress can do that I don’t believe the supreme court can circumvent is to amend the constitution.

    • AgreeableLandscape☭@lemmygrad.mlOP
      link
      fedilink
      arrow-up
      16
      ·
      3 years ago

      The Supreme court is supreme. Congress can pass statutes which contradict the supreme court rulings, but the supreme court could rule against the statute

    • PolandIsAStateOfMind@lemmygrad.ml
      link
      fedilink
      arrow-up
      14
      arrow-down
      1
      ·
      edit-2
      3 years ago

      Well i always wondered why they even keep that bizarre medieval law system. Probably bacause of that, and of course to turn it into the arcane knowledge held by the literal lawyer caste in the service of the ruling class. Fun fact: i believe groups holding the power which operate on this base, were traditionally called “mandarins” in a derogative sense by the western media since XIX century.

      How can even libs call this “democracy”, especially happening en masse right before their eyes, is beyond me.

      • SpaceCowboy@lemmygrad.ml
        link
        fedilink
        arrow-up
        15
        ·
        edit-2
        3 years ago

        Agreed. The Common Law system is probably the most oligarchic/aristocratic institution of the Anglo world that no one seems to acknowledge. (Creating law by precedent). I was trained as a lawyer and the answer no matter what the question is “it depends”.

        Yeah people don’t realize that the only reason life was ever good for the common people of the US was because of literally millions of people protesting, organizing and agitating in the late 19th early 20th century.

        Edit: In fact, it is worth noting that the early settlers wanted to very deliberately organize a feudal system - the laws being discretionary is more or less feudal https://en.wikipedia.org/wiki/Fundamental_Constitutions_of_Carolina

        Also, judges are almost all reactionary, clandestine (corrupt) pieces of shit with enormous conflicts of interest and are to be frank often not very bright and very opinionated (not objective).

        A lot of what makes a “good” lawyer in the common law world is being connected to the judge. (can’t speak to the civil law world). Getting the right judge is 90% of winning a case.

    • mylifeforaiur@lemmygrad.ml
      link
      fedilink
      arrow-up
      6
      ·
      3 years ago

      Constitutional amendments have to be ratified by 2/3 of the states. The ruling class is too polarized to get this done for either party.

      • SpaceCowboy@lemmygrad.ml
        link
        fedilink
        arrow-up
        11
        ·
        edit-2
        3 years ago

        The political gridlock on cultural issues (almost entirely manufactured imo) is the best state of affairs for the economic pillaging by the corporate class.