Gun Control & RKBA
In reply to the discussion: Who are the Militia? [View all]jimmy the one
(2,708 posts)excop: Here's your first lesson. >>> I graduated university decades ago, don't need no first lesson from a professional student.
excop: There are four sources of law in the United States and each individual State.. Constitutional law, the foundation of all law in the American system; statutory law, enacted by the legislative branch and agreed to by the executive branch; regulatory law, regulations created by the executive branch, normally under the authority of statute; and the common law, which are the decisions of the judiciary
Take it up with wiki: The judiciary is the system of courts that interprets and applies the law in the name of the state.. the judiciary generally does not make law (that is, in a plenary fashion, which is the responsibility of the legislature) or enforce law, but rather interprets law and applies it to the facts of each case.. It usually consists of a court of final appeal (called the "Supreme court" or "Constitutional court" , together with lower courts.
In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and rules of the state when it finds them incompatible with a higher norm, such as primary legislation, the provisions of the constitution or international law. Judges constitute a critical force for interpretation and implementation of a constitution, thus de facto in common law countries creating the body of constitutional law.
what excop first said, you decide: It is an adversarial system, which means there are two sides, each presenting its arguments. Then the justices (or judges in the lower courts) make a decision, which becomes law.
SCOTUS ruled on the constitutionality of DC's handgun ban in heller & ruled it unconstitutional, any subsequent law was changed & in that vein was it 'created'.