31 January 2010

Supreme Court Precedent

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Senator Leahey claims the court "substituted their own preferences for those of the duly elected congress despite hundreds of years of their own precedence". To listen to him, once decided, even if an error, it must stand if the precedence be set. Yet, these same men will quote Jefferson as an excuse to "change with the times" as is enscribed in his memorial. If a thing is wrong, it ought to be changed, no matter what the courts or the congress say.

If today's court had to uphold old precedent, then Dred Scott would still be valid. So would cases upholding Christianity as the nation's religion.

You argue what's convenient to you. I will stick with what the Constitution actually says. What it does not say is just as important as what it does.

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