Samira wrote:
How else does a judiciary work in your world?
It doesn't, hence the post. It SHOULD work the way that I stated.
Smash wrote:
No, they should wait. Because unconstitutional laws are passed constantly, that's why we have lower courts that can address those issues. SCOTUS should only have to deal with the ones where there's debate, which there wouldn't be in your example. Understand? JSOC also shouldn't be out writing parking tickets. It's a hierarchical structure for a reason.
Waiting is expensive, long, negative to people's lives, therefore overall illogical. If something is already at the state level (which is what we've been talking about the whole time, not parking tickets), the SCOTUS should be able to step in when something is clearly unconstitutional.
Your definition of "debatable" is debatable. There are people who fervently believe that women shouldn't work in certain jobs or be only able to work in certain jobs (i.e. secretaries, school teachers, maids, etc.) (not to the extreme in my example).
You take a conservative state (i.e. Arizona), with people who believe in "legitimate rape" and it can very well create an environment that is blatantly unconstitutional. The majority doesn't equate to being right neither should it take someone to fight against the wrong doing for it to be changed.
There should be defined left and right limits. Everything in the middle is handled by the states. If you cross those lines, then and only then can the SCOTUS intervene. The fact that we are doing the things the way we are doing them now is the exact reason why it's taking years/decades of wasting time, money and effort to get something accomplished.
Furthermore, intervening doesn't mean directly changing state laws.The ban on SSM is either constitutional or its not. Make a decision and go with it. Stop wasting people's time, money and effort making people suffer while each state slowly decides to follow a constitutional law regardless of the topic.
You or no one else has yet provided a reason on why it shouldn't be that way other than "That's not the way its done".