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merrily

(45,251 posts)

28. No. They can declare them unconstitutional, but they cannot modify them or

Reply to Downwinder (Reply #6)

Mon Sep 30, 2013, 01:05 AM

Sep 2013

threw them out unless they violate the Constitution (which, in this case, would include both the federal and state constitutions).

I doubt a statute against disturbing the peace violates any Constitution in the United States.

So, the issue would be, is the statute unconstitutional as it was applied to kpete's friend? If so, then you dismiss the case as to kpete's friend, which is what the judge did.

The above refers to statutes. Court have much more freedom to modify court made law, or common law, although, even then, they don't overrule prior cases willy nilly because stability in the law is desirable.

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Highlight:

"But they broke the law," the lawyer said. The judge responds, "So did Rosa Parks." Case dismissed. [View all] kpete Sep 2013 OP

Wow, what a great judge! nt Live and Learn Sep 2013 #1

Bravo SummerSnow Sep 2013 #2

GREAT ... Except they were denied a chance to change the law. Downwinder Sep 2013 #3

They were legislators? truebluegreen Sep 2013 #5

The courts can modify and throw out laws. Downwinder Sep 2013 #6

Ah yes. It's called legislating from the bench and is generally frowned upon. truebluegreen Sep 2013 #7

It's judicial review. NutmegYankee Sep 2013 #11

As I understand it, a municipal court deals with matters of fact truebluegreen Sep 2013 #13

With a bad law or a misapplication of the law, Downwinder Sep 2013 #14

I agree. And the judge did too. truebluegreen Sep 2013 #15

The Texas PI law conflicts with the ADA, Downwinder Sep 2013 #16

Texas PI law? What about the Indiana PI law? PI = 3.2 progree Sep 2013 #21

PI Public Intoxication Downwinder Sep 2013 #22

Thanks, now I got it. Reminds me of reading on some DUI lawyer blog where there are big differences progree Sep 2013 #24

Any Californians here remember when mimi85 Sep 2013 #25

Ah. NutmegYankee Sep 2013 #17

Yes, as to declaring a law unconstitution, no as to modifying a law. merrily Sep 2013 #29

No. They can declare them unconstitutional, but they cannot modify them or merrily Sep 2013 #28

Tell me that the FISA Court has not modified the Law with Downwinder Sep 2013 #31

Proud of that judge too--in Alabama? Wow. truebluegreen Sep 2013 #4

Yes! alfredo Sep 2013 #8

Beautiful! progressoid Sep 2013 #9

Finally, finally, finally... defacto7 Sep 2013 #10

Thanks! whttevrr Sep 2013 #12

Kicked and recommended. Uncle Joe Sep 2013 #18

Odd that this doesn't show up in a google search, I'd think the RW blogs would be going crazy progree Sep 2013 #19

Decisions of lower state courts rarely get that kind of buzz. merrily Sep 2013 #30

Thank you merrily for having my back... kpete Sep 2013 #32

Aw. It t'weren't nothing. merrily Oct 2013 #35

Dayummmmmmmmmmmmmmmmm! greiner3 Sep 2013 #20

Perfect retort from the judge to the prosecution. Tidy Cat Sep 2013 #23

and of the Judge! robinlynne Sep 2013 #26

I think it's called plenary power. Manifestor_of_Light Sep 2013 #27

The judge responds, "So did Rosa Parks." +1 for a good judge ...a rare commodity it seems. L0oniX Sep 2013 #33

Be proud of the judge as well. sinkingfeeling Sep 2013 #34