AboutMichael Troy Expertise I can answer just about any question about U.S. Political history, Constitutional law, the legislative process, elections, etc. I specialize in Presidential and Congresitional historical trivia, but can answer more substantive questions too.
Experience Former Staff member for a Congressman and Senator. I also worked on about 10 Congressional and Presidential campaigns (only one that won). For a short time, I worked in the legal department of the Federal Election Commission. I have a B.A. in Political Science.
Organizations Former LBJ Fellow (paid fellowship for Congressional Staff).
Pi Sigma Alpha (Political Science Honorary Society).
Publications Washington Post
Washington Times
Education/Credentials J.D. University of Michigan
B.A. George Washington University (Poli. Sci. major).
Expert: Michael Troy 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,
Actually creating or abolishing laws is the job of Congress. However, keep in mind that most death penalty laws are created at the State level, not the federal, so State legislatures would be responsible.
The Supreme Court, however, has played a role in limiting application of the death penalty. It has found its use unconstitutional in many cases. It could theoretically find all death penalty laws unconstitutional. This would not actually abolish the laws, but as a practical matter, it would make them unenforceable.
The executive also has a role. The President, and in most cases at the State level a governor, has the authority to pardon or commute sentences. Some governors have used this power to prevent any executions in their States. But again, this does not abolish the law, only makes it unenforceable.
