The Case of a Dispute between Congress and the Judicial System

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Freshman (College 1st year) ・Business ・MLA

Whether Congress can overrule the Supreme Court's verdict that allows burning of American Flags by banning it. According to the constitution of the United States, the Supreme Court is the highest court in the judicial system, and its decision cannot be overruled by other courts or Congress. It is the final interpretation of the law, and all its interpretations become laws. This is why Congress cannot overrule the Supreme Court's decision concerning burning of the American flag. The Supreme Court has defined it to represent symbolic speech, meaning that it concerns the freedom of speech and thus is protected by the First Amendment. However, Congress can speak on the decision by passing a new law, which counters the legal precincts of the Supreme Court ruling. Nevertheless, such a move does not overrule the decision but prompts the Supreme Court to reconsider the legal precedent of its decision.

Question 2

The issue is whether I am free to apply the Capitol common rule set in 1998 and disregard the 2009 Statute. I cannot apply the Capitol Common law as Iowa has passed a statute that addresses the critical issue comprehensively. In the United States judicial system. A common law is derived from judicial decisions that’s show consistency in nature and argument. They address critical issues that may not be explicitly addressed in the constitution usually follow common precedents in court cases to give rulings. However, in this case, while the common law from the 1998 Capitol case may be consistent with the current case I am handling, a statute on the same issue was passed in 2009. I now have a constitutional framework to consult when making my ruling unlike the Appellate court judge in the 1998 case.

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