Originally Posted by
Njflyguy
so are you saying when the Supreme Court rules on a case, a state can overturn it if it doesn’t agree with it? Does that mean states can write their own laws that violate the U.S. Constitution and thumb their nose at a Supreme Court ruling?
Yes. The state governments created the federal government so they are superior to it. Do a little reading of history on the Kentucky and Virginia Resolutions.
Originally Posted by
Njflyguy
Maybe a state thinks they don’t need a search warrant and can do whatever it takes to obtain evidence in a case, throwing out the 4th amendment rights of all citizens. How does that work, exactly, professor?
Historically the first 10 Amendments (known as the Bill of "Rights") never applied to the state governments, only the federal governments. Most state constitutions are more restrictive of their own governments than the federal Constitution is restrictive of the federal government. In the late 1800s and early 1900s the SCOTUS began making stuff up such as the Incorporation Doctrine which it then started applying the 10 Amendments onto the state governments. There are books written about this by Raul Berger, Tom Woods, and Forrest McDonald if you want to learn more.
Originally Posted by
Njflyguy
Do you have examples of where a state or jury outright decided a SCOTUS decision to be wrong and then went ahead and did their own thing, like violating 4th amendment rights of someone?
Look up the Fugitive Slave Act.