Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Wonder Warthog
The legislative body was always intended to be the THE final arbiter---NOT the court system.

Always? So the legislature can, by majority vote, overrule any court decision? Even in a criminal trial by jury?

122 posted on 03/31/2005 10:48:45 AM PST by You Dirty Rats (Mindless BushBot)
[ Post Reply | Private Reply | To 19 | View Replies ]


To: You Dirty Rats
"Always? So the legislature can, by majority vote, overrule any court decision? Even in a criminal trial by jury?"

Ultimately, yes, as they can amend the relevant Constitution. To state it more clearly, "we the people" are (and should be) the final arbiters. The legislature is more directly representative of "us", and so has more power. The legislature can amend the Constitution to overturn any judicial decision (in the case of states) or if Federal, with the approval of state legislatures. They can also remove judges or executives from office.

Fortunately (or unfortunately), these mechanisms don't effect any decision(s) made prior to the change of law.

But then, you knew that, didn't you, and are just trying to be cute?

141 posted on 04/01/2005 4:28:29 PM PST by Wonder Warthog (The Hog of Steel)
[ Post Reply | Private Reply | To 122 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson