Robert R. Cupp Answers Questions
Candidate for Judge; Ohio State Supreme Court; 6 Year Term Starting 1/2/07; Republican Party
Questions & Answers
1. What options do you believe the judiciary has when there is a judicial decision that requires the legislature to act if their response does not fully address the decision? (150 word limit)
Each situation will necessarily depend upon the particular facts of the specific case in litigation. Thus, a broad listing of possibilities is not practicable.
"It is emphatically the province and duty of the judicial department [courts] to say what the law is," as U.S. Chief Justice John Marshall held in Marbury vs. Madison (1803). The design of the constitutional separation of powers provides a check and balance on the authority of any one branch over another branch. Each co-equal branch of government - legislative, executive and judicial -must both fulfill its obligations and be respectful of the authority of the other branches.
Individuals elected to office in each branch of government must understand that their ultimate responsibility is to do the work of the people. This must be guided by the framework of the constitution, the law, and a respect for the duties of each branch of government.