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To: xzins
It's inherent in the judge's oath. The Constitution does not require a judge to enforce an unconstitutional law. However, the Constitution *does* require a judge to support the Constitution .

Suppose you're a federal judge. Congress has passed a law establishing Catholicism as the only religion allowed. Joe Blow gets indicted for practicing Judaism. The defendant arrives in your court for a bench trial and claims in his defense that Congress has no authority to pass such a law. What do you do?

315 posted on 08/05/2005 3:36:00 AM PDT by Sandy
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To: Sandy

So, you are telling me that there is no place in the constitution that says that lower courts can overturn an act of congress.

Is there something wrong with the Supreme Court that they don't notice that establishing Catholicism as the official religion is contrary to the Constitution?

Also, the President and each Congressman ALSO take the same oath to uphold the Constitution. They could not pass such a law without realizing they were violating the 1st amendment.

So...why do we need a lower court judge to do this job. He is inferior to the Congress, created by the Congress, and answerable to the Congress?


316 posted on 08/05/2005 4:08:35 AM PDT by xzins (Retired Army Chaplain and Proud of It!)
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