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LWV League of Women Voters of Ohio
Ohio State Government November 7, 2006 Election
Smart Voter

Ben Espy
Answers Questions

Candidate for
Judge; Ohio State Supreme Court; 6 Year Term Starting 1/2/07

 
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The questions were prepared by the League of Women Voters of Ohio and asked of all candidates for this office.
Read the answers from all candidates (who have responded).

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)

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.

Read the answers from all candidates (who have responded).

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Created from information supplied by the candidate: October 10, 2006 08:37
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