To: inquest; Dog Gone
Is it within the purvey of a State court judge to overrule a State Constitution based upon the US Constitution?
112 posted on
03/14/2005 1:31:26 PM PST by
Carry_Okie
(There are people in power who are truly evil.)
To: Carry_Okie
The judge did not overrule the State Constitution (see
here for the text of the ruling), but theoretically it would be within the purview of a state judge to overrule a provision of a state constitution based on the U.S. Constitution (assuming that the judge sta on a court of general jurisdiction).
128 posted on
03/14/2005 1:51:06 PM PST by
drungus
To: Carry_Okie
I think your question has probably been adequately answered already. While such an action is rare, it's certainly within their jurisdiction to do so, and it's probably the preferred route to go when it needs to be done.
It's far better for a state judge to rule his own state constitution than to have a federal judge, perhaps located in another state, to rule on provision of your state constitution.
I haven't read the ruling yet, so I'm not even sure what happened. The snippet I heard on the news coming home from work was not very enlightening.
To: Carry_Okie
I'm a little late on this because I've been kinda tied up elsewhere, but this section from Article VI of the Constitution should answer your question:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.
437 posted on
03/22/2005 2:34:34 PM PST by
inquest
(FTAA delenda est)
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