I’m not sure how you come to that conclusion. If a case is decided wrongly and contrary to the Constitution, that decision is unconstitutional.
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Well, I guess I fundamentally disagree with this because I oppose judicial supremacy. I think that statement distorts the power of the judiciary because it implies that the Supreme Court saying something about the Constitution automatically makes it so.
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For example, I think the Court’s decision in Plessy ran contrary to the Constitution from the moment it was issued, thus making it unconstitutional. I don’t think that separate but equal suddenly became constitutional when Plessy was issued just because 8 Justices said so.
End of conversation
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