Government,
Environmental & Energy,
Constitutional Law
Aug. 4, 2017
President has clear power to modify monuments
Can the Supreme Court issue an opinion that no later Supreme Court could reverse? Can Congress enact a law that no later Congress could ever repeal? The answer is no.
John Yoo
Emanuel S. Heller Professor of Law
UC Berkeley School of Law
John is a visiting scholar at the American Enterprise Institute.
Can the U.S. Supreme Court issue an opinion, like the infamous “separate but equal” decision of Plessy v. Ferguson, that no later Supreme Court could reverse? Can Congress enact a law, like the Smoot-Hawley Tariff of 1930, that no later Congress could ever repeal? The answer is no, even if the courts and Congress occasionally claim such power. Attempts to permanently entrench a particular decision violate the constitutional rule America ado...
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