Yeah, at the end of the day the executive branch is the one with the physical power. Legislative can make a law, judicial can make a verdict on a law, but if the executive says fuck it nothing happens. There are obviously procedures if something like that happens, but probably what happens is the executive fractures between factions and private armies make a killing.Digital Masta wrote: ↑Sat Sep 19, 2020 10:07 pmOh really? How does the judiciary enforce that decision? It has no enforcement arm, it has to rely on states to do what it said. What happens if a state says, "Nope". That is highly unlikely to happen but that's not the point.xandorxerxes wrote: ↑Sat Sep 19, 2020 4:33 pm
States can't make laws that violate the Constitution, so they can't tell the Judiciary to fuck itself. If the Judiciary finds that a law violates the Constitution, it's struck down. The Legislative has the power to change that by amending the law to avoid the Constitutional conflict or amend the Constitution.
Assuming we're not talking executive takeover, the state judges will defer to the supreme court verdict if another case comes up on the law deemed unconstitutional. If that fails, the federal government steps in - they can either legislate it or just force the state to comply. Escalation could get nasty if it came to it, but I assume at some point someone in the state gets sacked and someone else moves in.