Off Topic — HabitableZone

Off Topic » in reply to re: Oh that old thing

re: Oh that old thing
gbaikie — (archived)

"Criticizing people for using the court system is classic Republican bullshit. The courts exist for a reason, and if they didn't, the Founders wouldn't have established the judicial branch of government. Appealing a law on the grounds that it's unconstitutional is, in fact, the ultimate purpose of the Federal judiciary. Suggesting that the New Yorkers should vote on the matter--in what, a referendum?--is insane."

I don't know the particular process used in New York, but generally the people elect people that represent them and these people make or change laws. Though the judiciary can [and does] change the laws, but it's primary purpose is to follow the law. They are capable of changing the law by interpreting the law based upon their judgement of existing laws. The judiciary can bend the law, but the more "the law" is bent the easier it is for judiciary to bend it. Therefore you can so wreck this system, that in current times people like you can imagine that this is the ultimate purpose of the judiciary.
Of course, this shouldn't involve the Federal judiciary, because according federal constitution this is something decided by the state. But because because past judgements, it might very well be decided by the federal judiciary.
Btw, suppose one mechanism in New York was using the referendum process, why would using this be insane? If New Yorker want rapists or Californians to vote in New York, they can decide to do this- they chose to allow anyone to vote.

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