09-18-2008, 03:01 PM | #1 (permalink) |
Junkie
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Judicial vs Executive
Recently in Mississippi the governor attempted to place a special election for the senate at the bottom of the ballot. The democrats who believed this would hurt their chances in the election decided to sue. The circuit court sided with the democrats and ordered the governor to put the race at the top.
The governor appealed and the case went to the supreme court. The state supreme court ruled on the case with an 8 - 1 decision that the election by law should be at the top of the ballot. However, they also ruled the circuit court was wrong when it ordered the governor to put the race at the top stating the judicial branch has no power to force the executive branch to comply with a law and only the power to punish them if they break the law. The single dissenting opinion was over the power of the court to force the executive branch to comply with the law. The dissenter said the court does have power to compel the executive branch to abide by the law. Putting the politics of this specific case aside do you think the courts should be able to enforce the law on the executive branch? I want to ask people not to consider this question in the context of the republicans vs democrats or in any other political manner. But simply do the courts have the power to prevent a law from being broken or only to punish once the law has been broken. Hopefully we can have a discussion without the political talking points. -----Added 18/9/2008 at 07 : 02 : 01----- Here is a link to the ruling: http://images.dailykos.com/images/us...rger_order.pdf Last edited by Rekna; 09-18-2008 at 03:02 PM.. Reason: Automerged Doublepost |
09-18-2008, 03:18 PM | #2 (permalink) |
... a sort of licensed troubleshooter.
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Absolutely. I'll admit it's a very uncomfortable situation where there could be corruption on either side or both, but the executive can't just ignore the judicial. What I'd prefer is that the state legislature back up the courts, though. 1v1 doesn't seem right in a 3 branch government.
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09-18-2008, 03:21 PM | #3 (permalink) | |
sufferable
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09-18-2008, 04:29 PM | #4 (permalink) | |
Junkie
Location: NYC
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Quote:
-----Added 18/9/2008 at 08 : 34 : 25----- UPDATE: OK, I looked quickly through the opinion and dissent. Yes, it was MS separation of powers principles that yielded the result in this case. That means the result isn't generalizable to other states. Last edited by loquitur; 09-18-2008 at 04:34 PM.. Reason: Automerged Doublepost |
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09-18-2008, 08:30 PM | #5 (permalink) | |
All important elusive independent swing voter...
Location: People's Republic of KKKalifornia
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"The race is not always to the swift, nor battle to the strong, but to the one that endures to the end." "Demand more from yourself, more than anyone else could ever ask!" - My recruiter |
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executive, judicial |
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