Page 21 of 21 FirstFirst ... 11 12 13 14 15 16 17 18 19 20 21
Results 301 to 308 of 308

Thread: Ashley Wagner decries Russian anti-gay law

  1. #301
    and... World Peace! Tonichelle's Avatar
    Join Date
    Jun 2003
    Location
    Kenai, AK
    Posts
    18,646
    The Supreme Court decides federal case law... part of the checks and balances system we have in our government. What they've said at the federal level becomes "the law" as far as courts are concerned. You can change all the judges you want, but once precedent is set, it's there for the ages.

  2. #302
    Custom Title
    Join Date
    Aug 2010
    Posts
    3,008
    Quote Originally Posted by Tonichelle View Post
    The Supreme Court decides federal case law... part of the checks and balances system we have in our government. What they've said at the federal level becomes "the law" as far as courts are concerned. You can change all the judges you want, but once precedent is set, it's there for the ages.
    I didn't mean that a new judge in the same court could easily alter the old judge's order. I meant that the court order is very much depended on who is the judge, who is in that particular position, and what is his view on the matter. Different judge could produce totally different order.

  3. #303
    and... World Peace! Tonichelle's Avatar
    Join Date
    Jun 2003
    Location
    Kenai, AK
    Posts
    18,646
    supreme courts, though, are more than one judge - especially at the federal level.

  4. #304
    Wicked Yankee Girl dorispulaski's Avatar
    Join Date
    Jul 2003
    Location
    Staring at the ocean and smiling.
    Posts
    14,457
    Furthermore, the successful arguments are based primarily on Equal Protection-which is why courts pretty uniformly have struck down anti gay marriage laws and sodomy laws. AFAIR, some politicians in Virginia considered making both heterosexual and homosexual sodomy illegal, which you would need to do to avoid a problem with the Equal Protection clause. The electorate was not interested in this solution. At least this is how I understood what I read about it. I am not either a lawyer or an expert.

    In some states, like Vermont, the Equal Protection clause in the State Constitution is even stronger than in the Federal Constitution, one reason why the state court there was either the first or one of the first, to strike down a state marriage law.

  5. #305
    Custom Title
    Join Date
    Aug 2009
    Posts
    8,995
    In addition to that, Bluebonnet, the root of all our laws is the Constitution. Our judiciary, especially the Supreme Court, strikes down a law because it violates something set down in the Constitution. This is the principle of judicial review, established (if I recall correctly) in the case Marbury v. Madison early in the nineteenth century. This can be seen in the eventual fate of the Dred Scott decision. In the days when slavery was legal in many states, the Supreme Court itself ruled that Dred Scott could still be considered enslaved even though he had been taken to a free state and then sued for emancipation. After the Civil War, the Thirteenth Amendment abolished slavery. The Dred Scott decision was no longer constitutional by any interpretation whatsoever.

  6. #306
    Custom Title
    Join Date
    Jan 2008
    Location
    Nürnberg
    Posts
    317
    Quote Originally Posted by Ptichka View Post
    Sort of but not really. There are indeed states that have sodomy laws on the books, prohibiting various sexual acts (I don't want to go into details here). However, in 2003, the US Supreme Court has found those to be unconstitutional - meaning that from that point on, they are unenforceable, even if they are still technically on the books.
    They are unenforceable, but a prosecution and a trial are juridical in these states still possible. Am I right?

  7. #307
    Custom Title
    Join Date
    Jan 2013
    Posts
    4,139
    Quote Originally Posted by luckyguy View Post
    They are unenforceable, but a prosecution and a trial are juridical in these states still possible. Am I right?
    Nope. These are simply archaic laws that haven't been enforced. Why expend the costs of a trial for something that can't be enforced.

    Which is why Putin's bashing of American states is a stupid argument because the laws of those states are essentially obsolete whereas these Russian laws have just been implemented and are very real.

  8. #308
    Wicked Yankee Girl dorispulaski's Avatar
    Join Date
    Jul 2003
    Location
    Staring at the ocean and smiling.
    Posts
    14,457
    http://www.dumblaws.com/laws/united-states/connecticut

    We have lots of unenforced dumb laws in the US. In Hartford, Connecticut, it is still illegal for a man to kiss his wife on Sunday.

Page 21 of 21 FirstFirst ... 11 12 13 14 15 16 17 18 19 20 21

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •