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Comments on: Legal Lies https://whynow.dumka.us/2011/01/18/legal-lies/ On-line Opinion Magazine...OK, it's a blog Wed, 19 Jan 2011 22:52:29 +0000 hourly 1 https://wordpress.org/?v=6.4.3 By: Bryan https://whynow.dumka.us/2011/01/18/legal-lies/comment-page-1/#comment-55108 Wed, 19 Jan 2011 22:52:29 +0000 http://whynow.dumka.us/?p=18570#comment-55108 The Supreme Court has the power to decide cases without establishing precedents, and does it quite often, The Heller decision on the Second Amendment was limited to DC. It took another case to expand the principle through the Fourteenth Amendment.

The damage is done when the Court decides to create a broad precedent from a very narrow case, because the wider implications are never reviewed or discussed.

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By: Steve Bates https://whynow.dumka.us/2011/01/18/legal-lies/comment-page-1/#comment-55104 Wed, 19 Jan 2011 22:29:49 +0000 http://whynow.dumka.us/?p=18570#comment-55104 Notwithstanding the relatively moderate nature of Clinton’s and Obama’s appointees, the Supreme Court has been, for most of my adult life, an ideologically driven institution. “Synod” indeed.

It’s particularly discouraging, since the Court, in John Marshall’s day, in Marbury v. Madison, took for itself the power to rule laws unconstitutional… or not. Yes, I know, Wiki Answers, in a variety of posts, lists “Article III” as the source of that power, but the quotes they cite inevitably are completely general in nature and say nothing about decisions of constitutionality… because, face it, there is no suitable citation in the Constitution. The Court, arguably as conservative then as it is now, saw a power vacuum and filled it.

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