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Old 07-12-2018, 12:04 PM
pjohns pjohns is offline
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Default Re: How should a justice vote?

Originally Posted by saltwn View Post
If you were prevented in your state from marrying your wife, what constitutional grounds would you say back up your right against the state?

I would say that the state has the right to make laws as it pleases.

If it makes laws that the majority of the citizens of the state find abhorrent (or even just rather bad), those laws will be changed; or else the state senators and representatives will be out of jobs.

But I do not believe that the courts have any legislative function--i.e. nullifying laws (without a Constitutional basis) that it simply finds odious (even if I fully agree with the courts, in this regard).
"In his second inaugural address, [Franklin D.] Roosevelt sought 'unimagined power' to enforce the 'proper subordination' of private power to public power. He got it…"—George Will, July 8, 2007
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