Laws are passed by legislatures, not made on the basis of rulings of any judge. When a law is struck down, the only thing occurs is that the current law ceases to be enforceable, not that a new one has taken its place. Remember the separation of powers doctrine?
Using the logic you put forth, a legislature can resolve that a ruling by a judge or court is null, or a chief exec can decide that a law or a ruling by legislature or a court is null- the end result is chaos, not the rule of law.
All I ask for is that the court provide the good Clerk the written text of the law that directs her to issue same sex “marriage” licenses. Here in MO, we amended our constitution to declare that a marriage is an act that only involves a single man and a single woman, however, our clerks to a person are following the scotus ruling and violating the law as written. Lawlessness. Also, here in MO, same sex “couples” are not allowed to file joint or HOH income taxes ( as they can be neither per our laws) yet the admin and its agencies are violating the law by accepting such returns. Why should anyone follow the “law” if the actual written codes are not being executed by the very officials that are sworn to so do?
Well, we do because it is the law of the land. A judge or court does not make law, they only interpret what laws are enacted.
Dred Scott did not end slavery or return of runaway slaves, it only set the stage for the laws to be changed-they were immoral, unlike the laws we are tossing out to the curb in courts today-it is the courts who are immoral and unfit to hold office. And, that, friend, is the way it is, 2015.
Tolerate that!
Best;
Has KY law been struck down? Can someone show me where this is documented?
Or is it rather that portions of it are now unenforceable due to their being unconsitutional?
Serious question. We seem to have two different understandings of what has happened.
So if SCOTUS rules some state gun law to be unconstitutional, do you also consider it “lawlessness” when officials no longer follow the passed gun law that was struck down?
Are those gun laws still the law of the state until they are rewritten? I sure dont remember that being the case.
You cant have it both ways.