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Marbury v. Madison & The Constitution (Original Post) AustinSanders Jul 2013 OP
Thanks. Precedent makes the law because lower courts are bound by Supreme Court precedents. JDPriestly Jul 2013 #1
Thank you! AustinSanders Jul 2013 #2

JDPriestly

(57,936 posts)
1. Thanks. Precedent makes the law because lower courts are bound by Supreme Court precedents.
Tue Jul 9, 2013, 06:39 PM
Jul 2013

But, new situations, new fact patterns arise, and if a new fact patter presents an issue not previously decided, the Court can tweak the precedent and slowly but surely law changes.

During the 1960s, the Court moved the nation toward greater respect for individual rights and a liberal interpretation of certain of the Constitutional provisions like the right to counsel. We got the Miranda decision.

More recently, Court decisions about the rights of homosexuals have tweaked the law and moved us toward more tolerance and perhaps a modicum more equality and respect for individual lifestyles.

During the Roosevelt era, many of the court decisions about rights in the workplace and in business were tweaked.

Progress is slow, but it happens.

This is why, while some of us criticize some of Obama's programs and his faulty rigidity about needing to compromise (compromising too much with right-wing Republicans), we need to keep re-electing Democrats.

Democrats appoint relatively liberal judges and individuals to the Supreme Court. I am very happy so far with Obama's Supreme Court appointments.

Thanks for the video.

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