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To: David
"State Supreme court is probably the final judge of this issue."

Can the USSC declare than the 14th Amendment infringes on the 2nd and is therefore unConstitutional? I think not.

Congress passes a law. President vetos the law. Check on Congress.

Congress overturns vetoe with 2/3 in each house. Check on Executive Branch.

Supreme Court rules law is unConstitutional. Check on both branches.

People pass Amendment specifically telling the SC what it wants. Check on Supreme Court.

Executive branch enforces the law of the land

. What happens if SC oversteps its authority and executive won't enforce the will of the people?

yitbos

88 posted on 07/14/2003 6:38:53 PM PDT by bruinbirdman (Joe McCarthy was right)
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To: bruinbirdman; Dont Mention the War; Principled; ontos-on
Well I get a private mail from ontos-on suggesting a justiciable federal issue--hopefully he is right. On balance, my own guess is that however outrageous this looks; state supreme court decides a clearly adopted state constitution provision is inapplicable or overriden by some other provision; clearly wrong; there is no violation of the federal constitution and no justiciable issue for the federal courts.

In many respects, this is really what happened in the Bush v. Gore appeal to the US Sup Ct--Florida court issues a clearly wrong partisian opinion contrary to state law. Supreme Court ultimately constructs a federal right it founds was violated.

In the Bush-Gore case, it is an effort by the Florida court to determine the outcome of the most important national election by dictating how the Florida electors will vote--federal court just could not let them do that.

Case at hand, only the Nevada citizens and electors get screwed--Sucks to live in Nevada. Maybe the voters in Nevada need to get it together to change control of their government. If they can't do that, too bad.

The legal answer is that the US constitution restricts state action only if it violates specific prohibitions in the US constitution. A state supreme court construction of the state constitution is only going to get reversed by the US Sup Ct if it violates some provision of the US Const. and you don't find that here.

104 posted on 07/14/2003 7:23:56 PM PDT by David
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To: bruinbirdman
The executive was the one seeking this, though.
108 posted on 07/14/2003 7:45:32 PM PDT by TheAngryClam (NO MULLIGANS- BILL SIMON, KEEP OUT OF THE RECALL ELECTION!)
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