Yes they can. Again, look at Prop 8 in California: The majority of the population voted to amend the state constitiution; the Supreme Court of the state knocked it down....if 80% of the nation voted to have the constitution amended and the Supreme Court found it unconstitutional then it's not going to fly. They have the power (which you seem to be claiming they don't in any way) to do so, even if they are limited by other checks and balances like congress.Mister Emu said:No, they don't. They determine in federal/state law is on the up-n-up with the Constitution. They do not control what is in the Constitution. The states do.
The You do realize The Constitution is the "Supreme Law of the Land" and dictate things like legislation, so yes they are those things.Mister Emu said:You do realise, Constitutional Amendments are not federal legislation, executive agency rules, or state laws? Once again, read the Constitution, I'll post it this time. Article Five, the section about amendment, conspicuously lacks any mention of the Supreme Court... because their power does not extend over what is in the Constitution, everything else is their purview.
Right, I never said that Congress didn't have the power to make an amendment, nor did I say that Congress didn't have the power to ursup a Supreme Court decision via constitutional amendment (which is one of the only ways I think), at least not intentionally in this convoluted web of arguments. The argument was not who didn't have power, it was who did have that type of power granted to them in regards to the "will of the people." This goes back to your the beginning of your argument of "the people can take away any right you currently have by an overwhelming expression of their will" or voting populus and it plainly states that it can't if the Supreme Court decides it to be unconstitutional like they did in California, then down it goes.Mister Emu said:When 3/4ths of the state legislatures or conventions ratify an amendment, that is it, it is part of the Constitution, nothing anyone can do except repeal it through another amendment with 3/4ths of the state legislatures or conventions.
The only group that can ursup a decision made by the Supreme Court is Congress if they choose to ratify an existing amendment that would then render the Supreme Court's decision "unconstitutional."
Since this is what started the whole debate which we have taken from one side to another, I think it's obvious that we're both pretty set in our opinions and are not going to agree on this point. It's probably better to agree to disagree.Mister Emu said:Right.
Tea Part(iers?) are not hypocrites in this instance, because they are not using the methods they have condemned in the past.
I'm sure some of my comments didn't help any, either. My apologies as well.Mister Emu said:I apologise for any immaturity I've displayed.