AboutJeff Coughlin Expertise I can answer any questions pertaining to the presidency, from the trivial to the sublime. I specialize in providing depth and perspective behind the motives and actions of the men who have occupied our nation's Chief Executive office.
Experience I have studied the American presidency extensively for more than thirty years. I've digested the eminent biographies of each man who has held the presidency, as well as those of several who came close. I've taught and lectured on this subject extensively.
Organizations National Information Officer's Association; International Association of FireFighters
Education/Credentials My undergraduate work was done through the College of Wooster, in Wooster, Ohio, and through Miami University of Oxford, Ohio. My education in this field has continued unabated, albeit informally, ever since.
Expert: Jeff Coughlin Date: 5/31/2008 Subject: abolishing laws
Question If the US wanted to abolish a law or practice, for example abolish the death penalty, what branch has the power to do this? Would it be Congress, the Supreme Court, or the Executive branch? (Please excuse my ignorance)
Answer Hi Jon,
Congress has the power to make law. Therefore, it would be Congress that would create a new law to override an established one.
That being said, our system of checks and balances allows the other branches of government to take part in this process. The Supreme Court has the ultimate authority in deciding whether or not a law is constitutional. In your example of the death penalty, the court could decide, in theory, that the death penalty is extreme and unconstitutional. It would then require a Constitutional amendment to overturn that ruling.
The executive branch has a role as well. The president can issue a "stay of execution," or even a pardon, in any particular case under federal jurisdiction. This executive order would override any other ruling in that instance. Understand, though, that the president can make a sentence more lenient - he can't make it more severe. Also, he can make an executive order stating that federal prisoners or military prisoners shall not be executed while he is president.
So the answer to your question is simple...and complex. Most matters of judgement are. We're all ignorant, by the way. It's only the intelligent and inquisitive who realize it and attempt to fill in the blanks.
