To: mcg1969
Regarding separation of powers, I'm astonished that both the Vermont and Massachusetts supreme courts actually ordered their respective state legislatures to address the gay marriage issue in a manner demanded by the courts. What's astonishing is not that our out-of-control courts arrogated such power to themselves, but that both the Vermont and Massachusetts legislatures meekly complied. What both legislatures should have done precisely on separation of powers grounds was to tell their respective courts to shove it where the sun don't shine.
11 posted on
02/18/2004 5:08:53 PM PST by
Wolfstar
(A self-confident cowboy nation, or a Kerrified nation. Your choice.)
To: Wolfstar
What both legislatures should have done precisely on separation of powers grounds was to tell their respective courts to shove it where the sun don't shine.There are a couple of alternatives that would at least serve to bring attention to the present Judicial tyranny.
- Pass a state constitutional amendment that effectively nullifies the ruling.
- Pass a constitutional amendment (if needed) that destablishes the offending court
They couldn't very well declare the law to be unconstitutional, as the legislature could eaasily say "Since you don't exist, your finding has no meaning and will be disregarded." One would think after the fiasco of Prohibition in the time it existed that the courts would know better than to attempt to "legislate" what will not be accepted.
Before anyone flames, be aware that i am neither a politician nor a lawyer.
16 posted on
02/18/2004 6:03:28 PM PST by
Calvinist_Dark_Lord
(I have come here to kick @$$ and chew bubblegum...and I'm all outta bubblegum! ~Roddy Piper)
To: Wolfstar
"What both legislatures should have done precisely on separation of powers grounds was to tell their respective courts to shove it where the sun don't shine."
Precisely. In general, no state court can order the legislature of its state (or the U.S. Supreme Court order Congress) to do anything. They are co-equal branches of government. I simply can't imagine why the stupid state legislatures in these instances complied with what were entirely toothless court orders.
To: Wolfstar
To: Wolfstar
Bravo bump for #11!
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