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If a supreme court judge makes a sentence which violates the constitution, who is violating the law, those who follows the sentence, or those who follows the constitution? Can people in executive power positions be judged later, in other governments or under other judges, for violating the constitution, even if they were following the sentence of a supreme court judge? And how about the judge himself, can he be judged?

  • there are way too many questions here – User37849012643 Oct 19 at 1:24
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    Supreme court judges don't make sentences. Trial court judges hand down sentences, and the Supreme Court hands down rulings. Rulings and sentences (in the legal sense) contain sentences (in the linguistic sense). Sentences in the linguistic sens are neither constitutional not unconstitutional. So basically, the question makes no sense. – user6726 Oct 19 at 1:55
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    @user6726 I think the question is just a misunderstanding of how the SCOTUS works – User37849012643 Oct 19 at 1:59
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If a supreme court judge makes a sentence

It wouldn't be a Supreme Court Judge, it would be the Supreme Court Justices, they have to come to a majority decision.

a sentence which violates the constitution

The Constitution is interpreted by the Supreme Court so the conclusions they come to become "the law of the land" (I use that phrase loosely).

Can people in executive power positions be judged later, in other governments or under other judges, for violating the constitution

Other governments don't recognize the US Constitution as the law of the land, so no, someone won't be tried in another country under the US Consitution.

Could they be tried by another government for breaking that government's law? I couldn't find any history of a person at an executive-level position being tried in another country. (feel free to edit this part if you know of any examples).

Someone in that position could be tried in the International Criminal Court but that also depends on what you mean by "Executive".

how about the judge himself, can he be judged?

Just as if the President committed a crime, a Supreme Court Justice can be Impeached

  • I meant other future government, not a foreign government – Pablo Oct 19 at 2:21
  • It is "justices" not "judges". And a president does not need to commit a crime to be impeached. – George White Oct 19 at 2:22
  • @GeorgeWhite you're right about the justice part, my bad, but to be Impeached and removed there has to be a conviction. If you want to argue that it doesn't have to be a crime that's fine but the language used in Impeachment "charged" and "conviction" implies a criminal nature – User37849012643 Oct 19 at 2:29
  • @Pablo if Nixon wasn't pardoned by Ford he would have been "Judged" by a future government. – User37849012643 Oct 19 at 2:36
  • Misuse of the power of the presidency would be a prime example of an impeachable act - there is no law against it so it would not be a crime. – George White Oct 19 at 3:03

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