Cain: I'll Overturn Supreme Court If They Strike DOMA Down

[Unabogie]

http://livewire.talkingpointsmemo.com/updates/2003

What are they talking about? Anyone see this? Did he really claim he would "overturn" a supreme court ruling, and if so, what does he possibly mean by this?

 

[FattyCatty]

As far as I know, the only way to "overturn" a Supreme Court decision is with a Constitutional amendment.

 

[Unabogie]

So in the same debate, apparently Perry said we "shouldn't let some Washington politician" decide when to go to war. Really? He's really advocating we give up civilian control of our military? Are these guys just letting their freak flag fly or have they lost their damned minds??

What. the. hell?

 

[tyr_13]

"I'm Herman Cain and I do not know what the job of the President does!"

 

[Regnad Kcin]

GOP presidential contenders: the gifts that keep on giving.

 

[Biscuit]

Rick Santorum: “Unless we protect the institution of marriage, our country will fall.”

Yea so we should make divorce illegal.

 

[Gazpacho]

As far as I know, the only way to "overturn" a Supreme Court decision is with a Constitutional amendment.

Not exactly. Congress can re-enact the overturned law with different wording that avoids the court's ruling, or it can pass a "standard of review" statute that directs the courts on the criteria to use in deciding cases. That statute would then require the president's signature.

 

[Unabogie]

Rick Santorum: “Unless we protect the institution of marriage, our country will fall.”

Yea so we should make divorce illegal.

And adultery. When he said that, did they pan over to Cain and Gingrich for reaction shots?

 

[Biscuit]

And adultery. When he said that, did they pan over to Cain and Gingrich for reaction shots?

We can only hope!

 

[Muldur]

Not exactly. Congress can re-enact the overturned law with different wording that avoids the court's ruling, or it can pass a "standard of review" statute that directs the courts on the criteria to use in deciding cases. That statute would then require the president's signature.

Article III of the Constitution also allows Congress to declare certain topics "off limits" for SCOTUS review.

 

[jj]

Not exactly. Congress can re-enact the overturned law with different wording that avoids the court's ruling, or it can pass a "standard of review" statute that directs the courts on the criteria to use in deciding cases. That statute would then require the president's signature.

Of course, the 'standard of review' in and of itself is unconstitutional. So, oops.

 

[Gazpacho]

Of course, the 'standard of review' in and of itself is unconstitutional. So, oops.

Not inherently, no. There are lots of active judicial review statutes on the books. To give one well-known example, fair use under US copyright law (which deals with conflicts between copyright and the First Amendment) is governed by a judicial review statute:
http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000107----000-.html

 

[leftysergeant]

Cain seems quite taken with the idea of the "Unitary Executive."

Must be another one of those wierd republicon things.

 

[Dancing David]

http://livewire.talkingpointsmemo.com/updates/2003

What are they talking about? Anyone see this? Did he really claim he would "overturn" a supreme court ruling, and if so, what does he possibly mean by this?

http://www.rawstory.com/rs/2011/11/19/cain-would-overturn-the-supreme-court-if-they-overturned-doma/

 

[Dancing David]

Not exactly. Congress can re-enact the overturned law with different wording that avoids the court's ruling, or it can pass a "standard of review" statute that directs the courts on the criteria to use in deciding cases. That statute would then require the president's signature.

I think Cain vaguely alluded to that...

 

[ponderingturtle]

http://livewire.talkingpointsmemo.com/updates/2003

What are they talking about? Anyone see this? Did he really claim he would "overturn" a supreme court ruling, and if so, what does he possibly mean by this?

Ah pull an Andrew Jackson "So let them enforce it" kind of thing.

 

[TragicMonkey]

Cain seems quite taken with the idea of the "Unitary Executive."

When I read this, I thought you wrote "Urinary Executive". It's strangely fitting.

 

[Unabogie]

http://www.rawstory.com/rs/2011/11/19/cain-would-overturn-the-supreme-court-if-they-overturned-doma/

Thanks. Ok, that's better than what I thought he said.

 

[MaGZ]

http://livewire.talkingpointsmemo.com/updates/2003

What are they talking about? Anyone see this? Did he really claim he would "overturn" a supreme court ruling, and if so, what does he possibly mean by this?

He once said if he became president he would sign a constitutional amendment if it was passed by Congress. He doesn’t have a clue how the government works or what the separation of powers are all about.

 

[Newtons Bit]

Not exactly. Congress can re-enact the overturned law with different wording that avoids the court's ruling, or it can pass a "standard of review" statute that directs the courts on the criteria to use in deciding cases. That statute would then require the president's signature.

A president can also threaten to dilute the Supreme Court with a wash of new Supreme Court justices. Roosevelt did something similar to get many of his laws through.