Can the SCOTUS determine that a law that has been judged constitutional by a previous SCOTUS is now un-constitutional?
Surely something is either constitutional or it isn't...how can that change?
Is it a fashion thing...like flared jeans?
idb someone else already answered literally, that yes this can change.
but in practice these days,
it seems the trend has been
if the court rules in favor of what liberals want, then the court is right.
So cases such as ACA and right to marriage, then this is considered "law."
And if they don't, as with the court ruling in favor of Hobby Lobby, they're wrong!
this is what happens when political beliefs are left to the govt to decide.
idb if you REALLY want a stable decision, the right one would be
for govt to REJECT to make such decisions on laws that involve
beliefs, whether religious or political. If these were relegated to
STATES and people to decide, then it would be up to legislative
process how to write or revise laws, and then of course they can change.
Surely the job of the SCOTUS is determining whether a law is constitutional or not.
A government can pass a law for whatever reason...political or religious...but if it isn't a correct law according to the Constitution it won't be allowed.
Surely that's the mechanism that's supposed top prevent poor laws based on ideology being made.
I'm taking it a step further:
if we KNOW political or religious beliefs are involved
such as DOMA and right to marriage, and we know people's beliefs don't agre e,
we should already know that making a law one side objects to is
ALREADY BIASED and going to be challenged.
Do we really ne ed to pass it first and fight through courts to do that?
THAT WASTE TAXPAYER MONEY
and in the meantime, if a law stands until it is changed,
THAT LAW IS PROHIBITING OR DISCRIMINATING AGAINST ONE SIDE.
So I would say NO it is NOT constitutional to pass a law
that people KNOW is abridging the beliefs of one by favoring the other!
That's unethical, wasteful, and/or negligent if people don't have the
judgment to see why this is unconstitutional.
HYPOTHETICALLY
YES govt could make or pass any law through the system.
But if this is deliberately over the objections of people of a different or opposing cre ed,
I argue that is ABUSIVE and NOT constitutional.
If a whole PARTY "conspires" to push a bill against the beliefs of others,
I even hold that as gross negligence or "conspiring to violate
equal civil rights of other people"
So I would argue AGAINST such a wasteful abusive practice,
and yes I do believe it causes damage and harm, not just
financially but destroys relations and faith in govt integrity and NEUTRALITY.
See
www.ethics-commission.net
govt officials are NOT supposed to put party or
[personal interests before govt duty to protect equal interests
of ALL people of ALL beliefs, REGARDLESS of party affiliation
(or I argue that's discirmination by creed and
conspiring to violate equal civil rights and protections under law)
Now, you or anyone here do NOT have to agree to my beliefs
for them to be valid. If I had LOWER standards than govt,
then following my beliefs might be unlawful in conflict with govt.
By my standards are HIGHER than what govt permits.
So if anything it's MY beliefs in consensus that are violated
when govt can be abused to "override beliefs" of people
that I consider against my Constitutional beliefs about govt ethics.