Ralph Norton
Diamond Member
- Mar 7, 2022
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Yes. While everything you stated is, to my knowledge, correct, none of it is "making law".True, Congress/house and senate, with the Prez's sig, make the laws (or via overriding a veto).
but I do believe you should qualify that statement with this addition:
Scotus rulings can have the force of law on specific cases which impacts laws in states.
For example, Scotus, in Dobbs, repealed Roe, thus allowing states the freedom to ban abortions, or regulate them more severely than would have been allowed under Roe. Scotus rulings can repeal federal laws on constitutional grounds, prior court rulings, impact state laws, paving the way for states to enact, alter, or repeal laws aligned with their rulings. Scotus Rulings can establish constitutional constraints, via constitutional interpretation, which Congress and state legislatures will have to align their legislation with.
And then there are constitutional amendments, which require participation by congress and states, combined.
Anything in the above with which you disagree?
Affecting law? Yes. Making it? no.