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Old March 18, 2012, 10:36 AM   #22
MLeake
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Join Date: November 15, 2007
Location: Outside KC, MO
Posts: 10,128
If one claims it's a states' rights issue, then one should not want the federal courts involved, either.

It's disingenuous to say the federal courts ordering the states to come up with fixes is truly honoring the concept of states' rights.

I know the difference between judicial and legislative.

I also know that when the Supreme Court ordered integration of schools, it was the President and the US Army that made it happen, or else the state and its national guard would have blocked integration.

So, those who want a judicial fix have to realize the judiciary can only enforce their injunctions through action of the executive.

(Edit: although I suppose it's also possible the legislative branch, which controls budgets, could impose sanctions via withholding of funds, either in cooperation with the executive or via override of any Presidential veto. Either way, the judiciary can't enforce orders and injunctions without the assistance of one or both of the other branches of government.)

Quote:
Mr. Marshall has made his decision, now let him enforce it!"
- Andrew Jackson, in response to the Supreme Court order against relocation of the Cherokee.

Last edited by MLeake; March 18, 2012 at 10:46 AM.
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