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This is the obvious answer to any supreme court ruling you want to change: congress can simply change the law/constitution. A giant part of the issue of common
by afiori 2y ago
This is the obvious answer to any supreme court ruling you want to change: congress can simply change the law/constitution.
A giant part of the issue of commonlaw systems is that so much of the "law" is not laws but rulings and those are a lot easier to change/ignore/overrule.
- burutthrow1234 2y ago"Change the law" versus "change the constitution" are two very different things. The US couldn't pass the ERA, which just enshrines women's rights in the Constitution. Anything more controversial like "the President can't do extrajudicial murders" would be an endless partisan battle
- afiori 2y agoI am not saying that they are easy to do, but it is their power to wield.
- randombits0 2y agoNo. The remedy Congress has is impeachment, not “change the Constitution”. Even if Congress could easily change the Constitution (they can’t), it would not apply to actions taken previous to the change.
- afiori 2y agoWhether laws can be applied retroactively is decided by the constitution :) But yes, what I meant is that the supreme court has the power to interpret the law and uphold the constitution, but it is on the legislation to draft precise laws.