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To: Lurking Libertarian

Where do Article III courts get the power to make or enforce laws? Did they adopt Congress and the Executive?


46 posted on 09/04/2015 1:06:17 PM PDT by jwalsh07
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To: jwalsh07
Where do Article III courts get the power to make or enforce laws?

Federal courts have the power to decide that state laws are unconstitutional if they violate the 14th Amendment. The Supreme Court decided that marriage laws that limit the right to marriage to opposite-sex couples violate the 14th Amendment. I don't agree with that ruling but, as a lawyer, I understand that that is now precedent binding on all lower courts.

49 posted on 09/04/2015 1:15:43 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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