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Why is the Supreme Court allowed to overturn the Constitution when they are charged with defending it?
By definition, the Supreme Court is obligated to use the text of the Constitution as the primary source behind its rationales and decision-making. They serve as its defenders.
Why then, in cases like Brown v. Board of Education, or in the current calls to have the California Supreme Court strike down the gay marriage amendment, is the Court allowed to overturn the precedent of previous courts or even the amended text of the Constitution itself?
Regardless of the Justices' view of the intent of the founders, are they not compelled to weigh the text of the Constitution and the precedent of previous Courts over what they think is the founders' intent?
Also, before I get the inevitable "Y R U A HOMOPHOBE RACIST ZOMG" replies, I'm asking this from a purely legal standpoint; I have no problem at all with the cases I used as an example. Nor do I think they're incorrect. I'm just wondering what the rationale for the Court to do this is.
Judicial Tyranny thanks to the liberals and the ACLU
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