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The Something Awful Forums > Discussion > Debate & Discussion > The Assassination of Antonin Scalia by the Coward Barack Obama
 
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Lowtechs
Jan 12, 2001
Grimey Drawer
What is Clearance Thomas going to do now that he can't just concur with Scalia?

* # ¿ Feb 14, 2016 22:06
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# ¿ May 14, 2024 03:04
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Lowtechs
Jan 12, 2001
Grimey Drawer

HootTheOwl posted:

In a 5-4 decision the supreme coroners ruled him dead of natural causes.

Justice Thomas dissents.

* # ¿ Feb 14, 2016 22:59
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Lowtechs
Jan 12, 2001
Grimey Drawer

foobardog posted:

Right, this is my general point.


Yes, there's more to constitutional law than the Constitution itself, but we're not the UK with an unwritten constitution (which by the way, Parliament in this case could just change current law pretty much at their whim, it would just provoke a strong negative response from the people). The Supreme Court is limited to considering law in a big "C" Constitutional manner, based on the Constitution and the precedents set by itself. The opinions of the legislative branch and, in lesser cases, the executive only inform, do not decide. If Congress has assumed one thing since the start, but the Supreme Court decides it does not match the system outlined by the Constitution, well, tough poo poo, Congress, fix it. The "extreme fringe cases of judicial review" is pretty much the Supreme Court's only power, and they only got that because they up and decided it, and no one challenged them.

You're talking about constitutional law in a small "C" manner, where it's about the constitution of government, and what actions and procedures can be taken. This is different than what the Supreme Court is allowed to consider and rule on. In such you're using the word in a much different manner than it is normally used within the US, the equivalent of pointing out that the Republicans in favoring free markets are the real liberals.


I don't disagree, but calling that "constitutional" is misleading. I realize I'm being pedantic, but it's important when deciding the recourse the other branches of government may have.

Not to disagree but English Common Law does also have an impact on not only the Supreme Court but on the lesser courts. Precedents still currently matter even if they were decided when we were still a colony.

* # ¿ Feb 24, 2016 01:22
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The Something Awful Forums > Discussion > Debate & Discussion > The Assassination of Antonin Scalia by the Coward Barack Obama