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173

Can't the American people just denounce the Supreme Court? (lemmy.world)

submitted 2 days ago by Gonzako@lemmy.world to c/asklemmy@lemmy.world

86 comments fedilink hide all child comments

I constantly see that the current US Supreme Court makes inconstitucional rulings like for example, allowing racial profiling.

For what little I've gathered due to separation of powers. The supreme court is just a designated authority. Why hasn't there been any movement that just aims to de-legitimize the current supreme Court?

Why can't a judge say "I denounce the Supreme courts authority for their failing to uphold the spirit of the law and now I shall follow this other courts rulings"?

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[–] BussyGyatt@feddit.org 3 points 2 days ago* (last edited 1 day ago) (1 children)

I agree, your opinion is very popular.

edit: especially among professional lawyers...

[–] jordanlund@lemmy.world 1 points 2 days ago (1 children)

Sorry, it's not an opinion, it's legal fact established by our founding documents.

It's irrelevant how much people "like" it.

[–] BussyGyatt@feddit.org 3 points 1 day ago

Don't judges issue legal opinions? Don't legal opinions constitute what makes up legal facts (ie not facts about a case, or facts about a person, but facts about what constitutes law)? Did not opinions about what ought to be the law determine what was actually written in the constitution? Hasn't changing public opinion provoked changes in the constitution with time?

I agree, the popular appeal of a belief is not relevant to whether that belief is well-founded.