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<blockquote data-quote="WoodsCraft" data-source="post: 3943896" data-attributes="member: 51836">Actually that&#039;s&nbsp; not how it works&nbsp; they can make an interpretation that the law is unconstitutional&nbsp; but Congress must repeal or modify the law. A judicial ruling in and of itself does not nullify the law ,&nbsp; rather it is NOT supposed to do so .&nbsp; This is where Congress vacated their legislative responsibility to the judiciary .A good example of such occurred during the Civil War with Lincoln and the SCOTUS. Lincoln won that tit for tat by the way.&nbsp; He did&nbsp; in the process clearly prove what the separation of powers were .Everyone tends to overlook seperation&nbsp; of powers in the Constitution with Congress having ceded much power to Presidents in their willingness to overlook Presidential abuse of Executive Orders and to the Judiciary in allowing Judges to set precedent make legislation in a defacto manner .And for what it is worth I&nbsp; am not a fan of Lincoln as&nbsp; he did irreparable harm to the constitution .&nbsp; He acknowledged as much himself in the damage he did to the fabric of our rights.</blockquote>

[QUOTE="WoodsCraft, post: 3943896, member: 51836"] Actually that's not how it works they can make an interpretation that the law is unconstitutional but Congress must repeal or modify the law. A judicial ruling in and of itself does not nullify the law , rather it is NOT supposed to do so . This is where Congress vacated their legislative responsibility to the judiciary . A good example of such occurred during the Civil War with Lincoln and the SCOTUS. Lincoln won that tit for tat by the way. He did in the process clearly prove what the separation of powers were . Everyone tends to overlook seperation of powers in the Constitution with Congress having ceded much power to Presidents in their willingness to overlook Presidential abuse of Executive Orders and to the Judiciary in allowing Judges to set precedent make legislation in a defacto manner . And for what it is worth I am not a fan of Lincoln as he did irreparable harm to the constitution . He acknowledged as much himself in the damage he did to the fabric of our rights. [/QUOTE]

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