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Old 02-25-2004, 06:10 PM   #2285
Mmmm, Burger (C.J.)
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Disappointing disconnect

Quote:
Originally posted by Tyrone_Slothrop
If a federal constitution limits such actions to legislatures, a court could not rely on a state constitutional provision to order a legislature to act. The Supremacy Clause would have to dictate otherwise.
Going back to re-read, I see your point. "Extend" can't happen initially by a court, and that would be interpreted also to mean a court can't require a legislatute to extend. Am I getting it? Although I don't think it would be a supremacy clause argument, but rather an interpretive exercise holding that "extend" can't be circumvented by imposing a requirment on a legislature to extend a la Mass. and Vt.
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