emilynghiem
Constitutionalist / Universalist
The very first words of the constitution after the preamble are
All legislative powers herein granted shall be vested in a congress of the united states
Writing laws and repealing laws are legislative powers and yet federal judges are constantly declaring laws unconstitutional and repealing them and sometimes even writing a new law in its place!
The don't repeal laws.
Go back to high school take U.S. Government.
Partial credit.
While it is TRUE that the SCOTUS does not and cannot "repeal" laws, they can and do strike laws down as having violated the Constitution. That does have the effect of repealing those laws. In fact, to have that effect is the exact point of striking them down as unconstitutional.
IlarMeilyr
Yes and No.
It strikes down that particular law as unconstitutional to enforce.
But as with the case of Marriage laws in KY, just because the Supreme Court
made a ruling, didn't mean the State Laws in KY had changed yet, and that is why people took issue and demanded that. Until it was completely clarified what the state laws are going to be if something was struck down, there was room for question that has yet to be answered.
the state legislature had not come back yet and written a replacement law.
so people are debating if states have rights to determine these laws,
then the states have to take responsibility to replace them. but if the
federal courts have taken over jurisdiction, then the federal level needs to specify these
policies not the states. so make up your mind which way is it.
Of course my answer is neither the federal courts nor states have the right to
make decisions on marriage laws WITHOUT consensus/consent by the public affected
since these involved >> FAITH BASED beliefs << . if the state passes laws about anything
FAITH BASED such as marriage, orientation/sexuality that isn't scientifically proven,
then the public would have to AGREE on that policy or it's a violation of religious freedom and
equal protection of creed from discrimination by govt.
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