Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Jim Noble

SCOTUS invalidated the core of the relevant law rendering it moot/unintelligible. It cannot stand as is; convention is that when part of a law is struck down the whole law is struck down unless otherwise specifically enacted with severance directives. The KY definition of “marriage” was eviscerated, leaving no definition of the word to act on.

Yes, SCOTUS very much has that power and exercises it often.


140 posted on 09/04/2015 8:56:43 PM PDT by ctdonath2 (The world map will be quite different come 20 January 2017.)
[ Post Reply | Private Reply | To 107 | View Replies ]


To: ctdonath2
Yes, SCOTUS very much has that power

Not legitimately.

The Constitution confers no legislative or veto powers on the judiciary.

The only constitutional authority they possess is the authority to adjudicate individual cases that come before them, and that only within the confines of the Constitution and all constitutionally-valid laws. No more. No less.

147 posted on 09/04/2015 9:14:00 PM PDT by EternalVigilance
[ Post Reply | Private Reply | To 140 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson