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- Mon Jul 10, 2017 12:22 pm
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: FL: Judge rules stand you ground unconstitutional
- Replies: 10
- Views: 3405
Re: FL: Judge rules stand you ground unconstitutional
Eugene Volokh is usually a good read. The comments he elicits, sometimes not so much. . . .
- Wed Jul 05, 2017 5:40 pm
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: FL: Judge rules stand you ground unconstitutional
- Replies: 10
- Views: 3405
Re: FL: Judge rules stand you ground unconstitutional
Judge Hirsch actually addresses this on p. 7 of the ruling:chasfm11 wrote:Is there anything weird about the way the Florida state constitution sets up the courts and the legislative powers that make this not extreme judicial overreach? Just curious.
...The version of separation of powers reflected in the Florida constitution differs in a number of respects from that implied by the Constitution of the United States. One instance of that difference is found in Art.V, 2(a), which provides:
The supreme court shall adopt rules of practice and procedure in all courts...
He then goes on to outline how the changes of the law were, in his view, actually matters of procedure assigned by the Florida constitution to the Florida Supreme Court and thus not within the purview of the state legislature.