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- Xref: sparky co.politics:2214 co.general:1872 boulder.general:1082
- Newsgroups: co.politics,co.general,boulder.general
- Path: sparky!uunet!spool.mu.edu!agate!boulder!ucsu!ucsu.Colorado.EDU!fcrary
- From: fcrary@ucsu.Colorado.EDU (Frank Crary)
- Subject: Re: "upholding" the amendment
- Message-ID: <1992Nov19.074733.3912@ucsu.Colorado.EDU>
- Sender: news@ucsu.Colorado.EDU (USENET News System)
- Nntp-Posting-Host: ucsu.colorado.edu
- Organization: University of Colorado, Boulder
- References: <Nov16.200447.36650@yuma.ACNS.ColoState.EDU> <1992Nov17.013538.16335@ucsu.Colorado.EDU> <1992Nov18.234453@eklektix.com>
- Date: Thu, 19 Nov 1992 07:47:33 GMT
- Lines: 28
-
- In article <1992Nov18.234453@eklektix.com> rcd@raven.eklektix.com (Dick Dunn) writes:
- >>>>The Governor is not trying to get the Amendment declared unconstitutional,
- >>>>nor can he legally do any such thing. His job is to enforce the laws of
- >>>>the State, regardless of his opinions about them. In fact, he and the
- >>>>Attroney General are _required_ to defend Amendment 2 in court.
-
- >Neither the Governor nor the Attorney General are required to "defend" laws
- >which are in violation of the US Constitution. Therefore, if they believe
- >this to be the case, they may seek rulings to clarify the situation.
-
- The federal courts do not _ever_ issue advisory rulings. They have no
- jurisdiction to "clarify the situation", only to rule of real "cases
- and controversies" (e.g. where there is a real conflict between parties
- and/or real harm and been done to someone.) Unless Romer wants to
- assert a somemwhat archaic, pre-Civil War power (for local officials
- to interpert the US Constitution on their own), he is sworn to
- uphold the laws and the Constitution of the State of Colorado,
- even if he has quite reasonable moral objections. (By the way,
- I'd _love_ to see him take the quite radical/reactionary policy
- of ruling on constitutionality... But this isn't at all in keeping
- with his liberal, pro-government politics...)
-
- In fact, the court challenge against Amendment 2 names Romer and the
- DA as the defendants: They are supposed to enforce the law, so they
- are the ones sued over the law's validity.
-
- Frank Crary
- CU Boulder
-