Texasgrillchef
member
- Joined
- Jun 29, 2019
- Messages
- 700
I have noticed through the course of time, that questions of constitutional law being decided in the courts tend to be after the fact. Being in suits saying an enacted law is unconstitutional, or that certain actions taken by police, prosecutors, politicians etc have violated in some form or another their constitutional rights.
For the most part I do understand what an Injunction is, and understand where in some cases it can or can not be used. One was the case where I believe his name Was Judge Benito put an injunction on California preventing them from enforcing the magazine capacity ban, it lasted a week. However, I will admit I don’t fully understand all details of an injunction in regards to what can or can’t or when it can or can’t.
so this is my question.... why isn’t it possible to sue a governor and have the courts place an injunction on the Governor to stop him signing a bill into law, until the proposed bill is decided in the courts on its constitutionality? Or even an injunction on the state house or state senate from voting on the bill.
is there an actual legal reason or law that says that the law has to be passed before we can have the courts decide it’s constitutional status?
one other follow up question... which might vary from state to to state. But as far as I know, ever state Governor has an oath to uphold the United States constitution as well as the states constitution. So if a Governor signs a bill that is later found to be unconstitutional, why can’t he/she be removed from office for breaking their oath of office? and is breaking the oath of office a criminal offense? Civil offense?
For the most part I do understand what an Injunction is, and understand where in some cases it can or can not be used. One was the case where I believe his name Was Judge Benito put an injunction on California preventing them from enforcing the magazine capacity ban, it lasted a week. However, I will admit I don’t fully understand all details of an injunction in regards to what can or can’t or when it can or can’t.
so this is my question.... why isn’t it possible to sue a governor and have the courts place an injunction on the Governor to stop him signing a bill into law, until the proposed bill is decided in the courts on its constitutionality? Or even an injunction on the state house or state senate from voting on the bill.
is there an actual legal reason or law that says that the law has to be passed before we can have the courts decide it’s constitutional status?
one other follow up question... which might vary from state to to state. But as far as I know, ever state Governor has an oath to uphold the United States constitution as well as the states constitution. So if a Governor signs a bill that is later found to be unconstitutional, why can’t he/she be removed from office for breaking their oath of office? and is breaking the oath of office a criminal offense? Civil offense?