SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?


To: Ilaine who wrote (106969)3/31/2005 6:12:33 PM
From: carranza2  Read Replies (1) | Respond to of 793674
 
How exactly was Jeb Bush going to enforce a statute whose execution was specifically mandated by Congress to rest in the federal courts' hands?

Set up a Court of his own?

Appoint some state marshall a federal judge and order him to put in a feeding tube?

Don't be ridiculous.

Jeb Bush had neither the expertise nor, more important, the authority to review the case under the law Congress enacted.

There may have been some weird thing he may have done under Florida law, but he certainly cannot act in the place of a federal court, which is where Congress deposited the authority to act.

Even if Congress had authorized JebW to act, which you well and clearly know it didn't, doing so may have been an improper delegation of Congressional authority.



To: Ilaine who wrote (106969)3/31/2005 8:14:21 PM
From: D. Long  Read Replies (1) | Respond to of 793674
 
So if a Court orders the Governor to obey Congress, then it's OK, but the Governor can't take it on himself to see that Congress is obeyed? Is that your argument?

Wouldn't that be Congress "commandeering" state law enforcement for federal purposes, unconstitutional under the 10th Amendment?

Printz v. US held feds couldn't commandeer state executive to execute Brady Act, IIRC.

Derek