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To: SAJ

thanks so much for that great response.

But if you’ll be kind enough to indulge my curiosity again—What if just to illustrate an analogy to what these guys have done, we take it the nearly opposite direction.

What if say- a court says, for example, Georgia’s state ban on gay marriage is ucnstitutional. Then in response to this the Georgia legislature enacts a law that says no same sex marriage will be recognized by the state, and anyone who gets same sex married has to pay a fine of $50,000. Would the court do anything about this? and if so, what can the court do?


24 posted on 07/30/2014 4:46:24 PM PDT by Cubs Fan (Illegal immigration will be America's downfall)
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To: Cubs Fan
An excellent question, and well asked.

The answer is that any given Legislature can pass any law it likes, subject to the signature of the chief executive of the jurisdiction. As regards passage of a statute, courts have no de se jurisdiction, or, in plain English, they've nothing at all to say until and unless some party brings suit about the statute in question. Instances abound in American history wherein the court says X and the Legislature involved says (effectively), "screw you" and passes a statute saying NOT X.

Then, in your example, some party brings suit on some sort of grounds, arguing that the new law in "unconstitutional". If the same court as ruled originally should hear this case also, likely said court will rule the new statute unconstitutional again.

Assuming such dead-set opposition, what will likely happen at some point is either 1) due to retirement or impeachment, one of the sitting judges on the SC will go, the chief executive will appoint another, and the case will ultimately be resolved, probably in favour of the Legislature, or, 2) the Legislature will pass a different statute limiting or prohibiting the court(s) from deciding such cases as are now in question (you think not? See Art III, Sec 2 of the US Constitution, wherein such power is expressly granted to the Regress, er, Congress. Many states' Constitutions have similar clauses.)

At any rate, the current system DOES provide an ultimate decision procedure between 'warring' powers of the legislative and judicial branches.

As a side note, pls always remember that the Framers put the legislative branch FIRST and the judicial branch THIRD, and with very good reason, having been close students of history, and such "judiciary" outrages of medieval courts as star chambers, trial by ordeal, presumption of attainder and corruption of blood. It is, therefore, the clear intent of the Constitution as written (not as "interpreted" since, of course) that the legislature is supreme over the judiciary when push comes to shove.

Best to you, and, oh yes (sorry!), go Cards!

25 posted on 07/30/2014 5:20:59 PM PDT by SAJ
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