When is the supreme Court the final word, and when is it not?

Question

It seems as though many posters will cite the Supreme Court as having "settled the issue" if there is a decision in their favor, but criticize them if they don't like the decision.

So what is your attitude about the Supreme Court? Are the they final arbiters, or can they get it wrong just like the other branches of government?

Thanks.

Answer 1

BOTH! They are the final arbiters, and they can get it wrong. The problem has been and always will be, that the original frmaers of the constitution are dead, and lived a long time ago. So we have to interpret what they meant...kind of voodoo! But, we elect presidents, and confirm appointees, so we have SOME control over the outcome, but not much. That is why it is wrong to appoint based on what someone would do in an individual case, and better for us to confirm based on job performance. Many conservatives have been bit in the bum for appointing someone they feel is conservative, only to find out later that they 'turned' on them (Sandra Day O'Connor) My favorite example is Strom Thurmond...who championed all of the segregation laws..and had a bastard child himself.

Answer 2

It is the final word until Congress changes the law affected by the S.C. decision. The gov't runs like this: The Legislative branch (Congress), makes laws; the Executive branch (President), enforces the laws; the Judicial branch (Supreme Court), decides the legality of the laws. The Supreme Court can only act upon issues brought before it and at that they chose which battles to get involved in.

Can they get it wrong? ABSOLUTELY. Check into the various S.C. decisions regarding slavery after the Civil War (Jim Crow laws, Seperate but equal doctrine). And see their Constitutionally Illegal Roe v. Wade decision. The S.C. has no jurisdiction in abortion - it is a State's Rights issue (10th Amendment). The S.C. has only one job: decide if a law is constitutional. They are not to create law.

Answer 3

The Supreme Court has the final say in matters of Trials from lower courts. Most people think it has the final say in matters of law, but not so.

It is always proper to criticize any department of government.

To change the Law (which the Supreme Court cannot/should not do), an amendment is made to an existing law or another law is added to the Constitution. If the Law is changed, then the Supreme Court must abide by that ruling... even if it went against their earlier ruling.

Answer 4

They can get it wrong, certainly (Plessy, Korematsu, Dred Scott to name a few). But they are the final arbiters, to an extent. If Congress decides that they don't like a Supreme Court decision enough, they can pass new legislation that effectively overturns it for the future. A new Constitutional amendment would also serve this purpose, but it is a much more radical step, of course. Otherwise, their decisions become binding law.

As to the first answerer, Supreme Court decisions cannot be appealed. They are the highest court in the land. Hence the name.

Answer 5

Once the supreme court decides, then that decision stands as law until:
1. A constitutional amendment changes the basis for the decision
2. The legislature addresses the issues that the court based its decision on and passes new law. (Note: the new law must address, not end run the issue, otherwise the first court to rule will strike it down again)
3. The court reverses itself on a subsequent case. It happens.

It's also important to note that the courts can not weigh in and decide on anything until the matter is brought to the court. They don't make a decision on each law. And even then matters are brought to them they can choose not to hear a case, which means the lower court ruling stands.

Answer 6

Our Constitution does not provide for a "final word." Any Supreme Court ruling might be reversed with a new or revised law, or by a Constitutional Amendment. The latter is difficult, but has been done in the past. What the Court does provide is the final interpretation of *current* law.

Answer 7

The Supreme Court is essentially the last Court of Appeals and has the final word BUT the Supreme Court panel can decide to re-hear a matter that was once decided by a prior Supreme Court panel and either further define the issue in question or decide to overrule the prior decision and re-define the law.

Answer 8

The Supreme Court has the final word on all legislation passed by the Congress and signed into law by the president. They weigh a particular law on its constitutionality. If Congress, or the president, should want a law, then they should undertake a constitutional amendment, which will directly enumerate that right into the document itself. That is the best way to supersede the Supreme Court, but it will be unlikely to occur.

Answer 9

They can rule a statute Unconstitutional, but that doesn't stop a legislature from taking another shot at the subject.

Their rulings on the Constitution are not quite as final as most people believe. They are subject to removal by Congress, although I don't believe that's ever been tried, and was only even discussed once that I know of in history.

Just because something has never been done doesn't mean it isn't possible.

Answer 10

The Supreme Court is the final word on Constitutional issues (and so can only be overruled by overruling itself or by Constitutional amendment), but on statutory issues, a decision of the Supreme Court that is based on statutory interpretation can always be overruled by Congress enacting another statute.