(July 14, 2015 at 9:34 pm)Dystopia Wrote: That's a fair explanation, thanks. Striking down unconstitutional laws is a common practice in Europe as well - What isn't is a court legalizing something - That is what says in the OP, how does this work? There's always a natural and required intersection and contact between the three branches of power - My interest is investigating what's the optimal point to avoid compromising too much each branch.
Same-sex marriage was legalized by virtue of striking down all of the laws that prohibited it. In the United States, if the law is silent on a topic, it is allowed. Anything not prohibited is permitted.
