Desperation play
Sep. 19th, 2015 11:12 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
kengrThe Tennessse state legislature is really reaching.
http://www.tennessean.com/story/news/politics/2015/09/17/lawmakers-file-tennessee-natural-marriage-defense-act/32570645/
This is a ploy that's been tried before on other issues. Congress has even tried it a time or two.
I'm not aware of any of the attempts actually getting passed into law though.
What makes this *really* stupid is that these are the exact same people who try to claim that the Supreme Court's decision in favor of same-sex marriage is the court usurping legislative authority.
This is a blatant attempt for the legislative branch to usurp judicial authority.
The way thing work is that legislative branch makes laws.
The executive branch "executes" the laws.
The judicial branch rules on whether they are valid and in case of dispute, on what they mean. Not that "valid" explicitly includes the authority to decide if a law (or the way it is being enforced) violates the constitution.
If the courts rule that a law is unconstitutional, or for that matter, that it *is* constitutional, that's it. Game over Only way that'll change is if (somewhere years down that road) a new case cause the judicial branch to reconsider things.
But legislators (including Congress) far too often refuse to admit this, and try passing new laws that are worded differently, but do essentially the same thing. For example all the attempts over the last 40 years to restrict what adults can access online in the name of "protecting children".
I almost hope this *does* pass. Just so the Supreme Court can make a ruling stating that legislature (and Congress) do not have the power too say that the courts can't rule on things.
Me, I'd like to see a law making trying to pass a law that is unconstitutional grounds for removal from office. It'd have to be worded carefully, because sometimes there *are* genuine disagreements. But far too often, legislators *know* that what they are trying to do is unconstitutional, and are hoping the courts won't get around to it.
http://www.tennessean.com/story/news/politics/2015/09/17/lawmakers-file-tennessee-natural-marriage-defense-act/32570645/
This is a ploy that's been tried before on other issues. Congress has even tried it a time or two.
I'm not aware of any of the attempts actually getting passed into law though.
What makes this *really* stupid is that these are the exact same people who try to claim that the Supreme Court's decision in favor of same-sex marriage is the court usurping legislative authority.
This is a blatant attempt for the legislative branch to usurp judicial authority.
The way thing work is that legislative branch makes laws.
The executive branch "executes" the laws.
The judicial branch rules on whether they are valid and in case of dispute, on what they mean. Not that "valid" explicitly includes the authority to decide if a law (or the way it is being enforced) violates the constitution.
If the courts rule that a law is unconstitutional, or for that matter, that it *is* constitutional, that's it. Game over Only way that'll change is if (somewhere years down that road) a new case cause the judicial branch to reconsider things.
But legislators (including Congress) far too often refuse to admit this, and try passing new laws that are worded differently, but do essentially the same thing. For example all the attempts over the last 40 years to restrict what adults can access online in the name of "protecting children".
I almost hope this *does* pass. Just so the Supreme Court can make a ruling stating that legislature (and Congress) do not have the power too say that the courts can't rule on things.
Me, I'd like to see a law making trying to pass a law that is unconstitutional grounds for removal from office. It'd have to be worded carefully, because sometimes there *are* genuine disagreements. But far too often, legislators *know* that what they are trying to do is unconstitutional, and are hoping the courts won't get around to it.
