3 ms·

Precedent fundamentally is the law.

• whatshisface 8y ago
  Should a new law passed by Congress be able to overturn judical precedent? If yes, the law takes priority over precedent.
  • torstenvl 8y ago
    Your question doesn't make sense as stated, as you're conflating two different concepts (a statute vs. the law) and being overly broad in your reference to precedent. Congress can't pass a statute, for example, that criminalizes oral and anal sex, and expect it to somehow overrule Lawrence v. Texas. However, if the courts interpret a statute that Congress has passed in a way that Congress does not care for, Congress is free to alter the statute to be more clear.