2aguy
Diamond Member
- Jul 19, 2014
- 112,270
- 52,481
The “Supreme Court is sometimes wrong” 'argument' fails as a false comparison fallacy, it also exhibits your ignorance of the law, Constitutional jurisprudence, and the doctrine of judicial review.No, actually they don't.The guys who locked up Americans during World War 2 and said Separate was equal....those guys....?
Yeah, those guys. You know - the ones who have the highest legal authority in America. Those guys...
Whatever you say...
The Supreme Court of the United States (SCOTUS[1]) is the highest federal court of the United States. Established pursuant to Article III of the United States Constitution in 1789, it has ultimate (and largely discretionary) appellate jurisdiction over all federal courts and over state court cases involving issues of federal law, plus original jurisdiction over a small range of cases. In the legal system of the United States, the Supreme Court is the final interpreter of federal constitutional law, although it may only act within the context of a case in which it has jurisdiction.
Supreme Court of the United States - Wikipedia, the free encyclopedia
Yes....they made these decisions as well...they are nothing more than 9 lawyers......
Ten Worst Supreme Court Decisions in History - New Hampshire Watchdog
5) Kelo v. New London 2005
Easily the least popular Supreme Court decision of its era, Kelo saw the Court extend the government ability to seize private property under eminent domain, even when the only public purpose was to enrich the Treasury. The Fifth Amendment’s Takings Clause prohibits the taking of private property for public use without just compensation. City of New London argued that by condemning a number of privately held lots and transferring them to the New London Development Corporation, the city would be better off an be able to collect much more in property taxes.
The public saw the Court’s decision in favor of New London as upholding the government’s right to take anyone’s private property if it feels that someone else can make better use of it. Kelo prompted dozens of states to pass laws prohibiting the use of eminent domain for economic development. The case remains a high water mark for the Court’s support for unlimited government power, finding that “public use” need only serve a “public purpose” and that “public purpose” could mean anything the government wanted.
4) Wickard v. Filburn 1942
Roscoe Filburn was a farmer who grew wheat to feed to his livestock. The Court determined that Filburn’s self-sufficiency caused him to buy less wheat from outside suppliers. They decided this marginal impact was enough to subject him to federal regulation under the Commerce Clause
It should be noted that Chief Justice Roberts opinion in NFIB v Sebelius seems to reverse Wickard, or at least greatly limit future use of the Commerce Clause by Congress. This may be the most far reaching aspect of the ObamaCare legal battle. The Court has overturned 70 years of nearly unlimited federal power under the Commerce Clause. Roberts certainly gave Congress broad authority to do much of the same things under the Taxing power, but from now on, politicians will have to impose their will through taxes rather than regulation.
3) Plessy v. Ferguson 1896
The Court upheld a Louisiana law requiring forced segregation by train car on the East Louisiana Railroad. This protected racial discrimination in state laws under the “separate but equal” doctrine, which would remain in place until Brown v. Board of Education in 1954. Keep in mind, Plessy didn’t just allow for self-segregation or discrimination by private individuals. It expressly upheld the right of states to force segregation upon others.
It is only because the Court upheld the notion of equality, as silly as that seems, in the segregated South that Plessy doesn’t fall further in our rankings. But I’m comfortable putting it ahead of the next two legal abominations.
2) Korematsu v. U.S. 1944
Chief Justice Hugo Black wrote for the Court that the government’s need to protect itself from spies outweighed the civil rights of Fred Korematsu and other innocent Americans of Japanese ancestry. The Court also ducked the chance to address the myriad other civil rights violations that marked the internment of Japanese Americans during World War II. Solicitor General Charles Fahy was later found to have withheld evidence from the Supreme Court that led to this shameful ruling.
1) Dred Scott v. Sandford 1857
In perhaps the Court’s most infamous case, Dred Scott, who was born a slave but brought to live in several states where slavery was illegal, was not only returned to slavery by the Court, but held to have no rights as he and all Americans of African descent were not citizens, contrary to the laws of several states and the federal Missouri Compromise. I think the Court’s ineptitude speaks for itself in this case.
Dishonorable Mentions- Any of Sandra Day O’Connor’s convoluted redistricting decisions, or any of her opinions containing multipart “balancing tests”, and any of the Court’s capitulations to the New Deal following FDR’s Court Packing Scheme.
- See more at: Ten Worst Supreme Court Decisions in History - New Hampshire Watchdog
Moreover, Wickard has been consistently upheld by the Court as settled and accepted Commerce Clause jurisprudence, the ruling was a wise, appropriate, and correct decision reflecting the original intent of the Framers and the role of Congress to regulate markets; and Kelo is the progeny of settled and accepted Takings Clause jurisprudence, further evidence of your ignorance.
Yes...we get it....you worship 9 lawyers....