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The Water Cooler
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Should judges be prohibited from overriding the will of the people?
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<blockquote data-quote="vvvvvvv" data-source="post: 2393367" data-attributes="member: 5151"><p>I have a thorough understanding of the checks and balances in our system. I posted this poll to gauge the relation of how people felt in a private poll versus how people posted in another thread. There are very vocal groups (especially the Oklahoma Republican Party) who believe that the judicial branch should not be allowed to override a measure that was voted on by the People of Oklahoma. All you have to do is look at the recent gay marriage ban being overturned and the "Shariah law" amendment being overturned to find some very vocal people shouting about how the "activist judges" "overstepped their bounds" by "legislating from the bench".</p><p></p><p>One should not assume that an OP agrees with the affirmative response of a poll.</p><p></p><p>It's kind of like the weed polls in the past. There was one that got lost in a crash that had more than 75% of people voting for full legalization... yet there's only a couple of handfuls of people who will publicly state that support in a thread, while the most vocal group is those opposed.</p><p></p><p>Now... if a constitutional amendment like this were to pass by a vote of the people at the state level, who would be able to rule against it? Every state is free to choose their own form of government, including separation, enumeration, and limitation of powers, subject to Congress' interpretation of whether that state's form of government conforms to republican principles (<a href="http://supreme.justia.com/cases/federal/us/48/1/case.html" target="_blank"><em>Luther v. Borden</em>, 48 U.S. 1 (1849)</a>), and challenges to a state's republican character are political questions and thus non-justiciable (<a href="http://supreme.justia.com/cases/federal/us/223/118/case.html" target="_blank"><em>Pacific States Tel. & Tel. Co. v. Oregon</em>, 223 U.S. 118 (1912)</a>). Also, per <em>Luther</em>, "[W]hen the senators and representatives of a State are admitted into the councils of the Union, the authority of the government under which they are appointed, as well as its republican character, is recognized by the proper constitutional authority." The two avenues of recourse would be to (1) pass another constitutional amendment, or (2) petition Congress to no longer admit senators and representatives from a State, but whether that authority exists is debatable.</p></blockquote><p></p>
[QUOTE="vvvvvvv, post: 2393367, member: 5151"] I have a thorough understanding of the checks and balances in our system. I posted this poll to gauge the relation of how people felt in a private poll versus how people posted in another thread. There are very vocal groups (especially the Oklahoma Republican Party) who believe that the judicial branch should not be allowed to override a measure that was voted on by the People of Oklahoma. All you have to do is look at the recent gay marriage ban being overturned and the "Shariah law" amendment being overturned to find some very vocal people shouting about how the "activist judges" "overstepped their bounds" by "legislating from the bench". One should not assume that an OP agrees with the affirmative response of a poll. It's kind of like the weed polls in the past. There was one that got lost in a crash that had more than 75% of people voting for full legalization... yet there's only a couple of handfuls of people who will publicly state that support in a thread, while the most vocal group is those opposed. Now... if a constitutional amendment like this were to pass by a vote of the people at the state level, who would be able to rule against it? Every state is free to choose their own form of government, including separation, enumeration, and limitation of powers, subject to Congress' interpretation of whether that state's form of government conforms to republican principles ([URL="http://supreme.justia.com/cases/federal/us/48/1/case.html"][I]Luther v. Borden[/I], 48 U.S. 1 (1849)[/URL]), and challenges to a state's republican character are political questions and thus non-justiciable ([URL="http://supreme.justia.com/cases/federal/us/223/118/case.html"][I]Pacific States Tel. & Tel. Co. v. Oregon[/I], 223 U.S. 118 (1912)[/URL]). Also, per [I]Luther[/I], "[W]hen the senators and representatives of a State are admitted into the councils of the Union, the authority of the government under which they are appointed, as well as its republican character, is recognized by the proper constitutional authority." The two avenues of recourse would be to (1) pass another constitutional amendment, or (2) petition Congress to no longer admit senators and representatives from a State, but whether that authority exists is debatable. [/QUOTE]
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