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LWV League of Women Voters of Ohio

Smart Voter
Ohio State Government November 7, 2006 Election
Candidates Answer Questions on the Issues
Judge; Ohio State Supreme Court; 6 Year Term Starting 1/2/07

The questions were prepared by the League of Women Voters of Ohio and asked of all candidates for this office.     See below for questions on Judicial and Legislature

Click on a name for candidate information.   See also more information about this contest.

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)

Answer from Robert R. Cupp:

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.

Answer from Ben Espy:

The Court is the ultimate protector of the constitution. It should be enough simply to declare that the legislature is obliged under the constitution to enact the legislation and that its failure to do so is in violation of the Constitution. A responsible legislature would ordinarily comply.
The court may issue a mandatory order against the legislature directing it to enact the legislation on pain of being held in contempt of court for which it may be fined.
If the legislature still resists, the court may issue a mandatory order against the members of the legislature personally, directing them to enact the required legislation on pain of being held in contempt of court for which they may be fined or imprisoned.
As a last resort, the court may issue a legislative order which prescribes the rules meant to have been enacted by legislation required under the Constitution.

Responses to questions asked of each candidate are reproduced as submitted to the League.  Candidates' statements are presented as submitted. 150 Word limits apply for each question. Direct references to opponents are not permitted.

The order of the candidates is random and changes daily. Candidates who did not respond are not listed on this page.

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Created: January 4, 2007 09:48 PST
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