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Phydeaux -> RE: Duty to retreat... (4/7/2014 4:40:50 PM)
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ORIGINAL: BamaD
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ORIGINAL: Phydeaux
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ORIGINAL: mnottertail
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Completely 100% WRONG.
If something has been found to be unconstitutional, congress has NO power to 'fix' it - short of proposing a constitutional amendment and sending it to the states for ratification.
You are right, that is completely one hundred percent wrong. Many times they only need to revise the law within the consitutional framework.
Which as you know is you merely lying and misdirecting again.
Joether's position :
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The problem is when the court makes a decision that is NOT in the best interests of people, how is it corrected?
Congress passes bills. Those bills become law if certain conditions are met (i.e. the President signs the bill into law).
When the court rules that a law is unconstitutional, congress does not have the power to 'fix' the supreme court's decision.
Certainly they may pass other laws - thats self evident.
But Congresses only recourse to 'fix' a supreme court decision is constitutional amendment. As I said.
Or to re-write the bill so that it is constitutional.
Bama.. again. the ability to pass a different law is obvious.
the point is that congress does not have the ability to 'correct' the supreme court. Except via amendment.
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