>-----Original Message----- >From: Gruss Gott [mailto:[EMAIL PROTECTED] > >For me this get to core rights. Should Congress and the President be >able to suspend core rights? The nationalist wing of the Republican >party is saying, yes, that should be the case. > >For example, if a judge were to overturn a law that, say, banned gay >marriage on the basis that it suspended somebody's core rights, is >this making law? Or is it interpreting it?
In the case the judge is doing both, he is interpreting one law and striking down another, in essence making law. It is then the job of the legislature to deal with it as they see fit. Change the offending law, or let it go. >The basic question is, is it possible for the executive branch and >legislative branch to create a law that revokes the rights of a >minority? In this case, absolutely! > >That's why it's the responsibility of the judiciary to decide if this >law suspends the core rights of individuals. Should this judge make a >mistake there's an appeals process. > >Federalists believe that once the State Court has ruled, that law >should stand. Nationalists believe that if the State's decision isn't >what they'd choose then it should be overruled either by federal >courts or a distant legislature. Well, there are two sets of laws, there is a state level and a national level. The states courts must follow the federal laws, and should me state court do something that I believe to be against federal law, then I have no choice but to appeal that to federal courts. A Federalist is one that would side with the Federal Court, a Nationalist is just another name for it. The Judicial Review process should allow federal courts to check up on states courts, as state courts do not always take the constitution into account, and they rarely if ever take US treaties into account. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Discover CFTicket - The leading ColdFusion Help Desk and Trouble Ticket application http://www.houseoffusion.com/banners/view.cfm?bannerid=48 Message: http://www.houseoffusion.com/lists.cfm/link=i:5:152969 Archives: http://www.houseoffusion.com/cf_lists/threads.cfm/5 Subscription: http://www.houseoffusion.com/lists.cfm/link=s:5 Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=11502.10531.5 Donations & Support: http://www.houseoffusion.com/tiny.cfm/54
