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Old 2013-01-18, 20:16   Link #1132
ArchmageXin
Master of Coin
 
 
Join Date: Mar 2008
Quote:
Originally Posted by kyp275 View Post
...just how little do you actually understand about the US system and laws?

The supreme law of the land is the Constitution, NOT the Supreme Court. The SCOTUS have the final say in interpreting the Constitution and determining the constitutionality of laws, but it is not the "ultimate law of the land". The SCOTUS is not some political pinball machine, it doesn't jump around willy-nilly all over the place(that's the congress's job). Precedents carry a lot of weight in the US court system, and a SCOTUS ruling has the most weight of them all, and is not very easily overturned.
Probably more than you do. SCOTUS are political, even if they are not overtly so. And Marbury vs Madison granted SCOTUS as the ultimate arbiter of the constitution (must to the dismay of Thomas Jefferson, btw). And precedent can be revoked or ran over. See: Dread Scott decision (now revoked) and the intense interest of "Roe vs Wade" (As both Republicans and Dems are fighting desperately to put a Supreme court judge in their favor on this law)

So yes, while you can claim the latest Supreme Court decision favor Gun Rights and even allowing hate speech, if the court composition change, we could indeed see a return to U.S vs Miller.
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