View Poll Results: Activist judges makes laws?

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  • Yes they make laws!

    6 35.29%
  • No they do not make laws, duh!

    7 41.18%
  • Other.

    4 23.53%
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Thread: Activists Judges makes laws?

  1. #11
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    Re: Activists Judges makes laws?

    Quote Originally Posted by Taylor View Post
    In that sense, what they did was "remake" laws enacted by elected legislatures. What was once illegal was made legal.
    That doesn't hold up to a quick search on the history of abortion in the US. Abortion was legal to varying degrees in different states. As a matter of fact it had been legal upon request in various states before Roe V. Wade. Prior to the 19th century there weren't even many laws on abortion and whether or not it should be illegal. What was once illegal, wasn't all that illegal.
    Last edited by Hatuey; 11-15-10 at 02:35 AM.
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  2. #12
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    Re: Activists Judges makes laws?

    Quote Originally Posted by Kal'Stang View Post
    There is no law on the books as far as I know that states that abortion is legal.
    Roe v Wade itself is case law that makes abortion legal. It states that there's a constitutional right to privacy that extends to abortion. Whether or not you believe that, it is now the law.

    Quote Originally Posted by Kal'Stang View Post
    No, what they did was abolish a law that was against the Constitution. No law got remade.
    To believe that whopper, you'd have to believe that every law prohibiting abortion has been unconsititutional since 1868, and that the people who actually wrote the 14th Amendment did not understand the scope of their own law.

    (Perhaps they just weren't smart enough to realize that "no person shall be deprived of life, liberty or property without due process of law" OBVIOUSLY grants a right to privacy and NECESSARILY means that states can't regulate abortion in the first trimester, should be severely limited in the second trimester, and do whatever they want in the third trimester so long as the mother's safe - and should be free to legalize the destruction of a perfectly healthy, full term infant so long as it's still in the womb.)

  3. #13
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    Re: Activists Judges makes laws?

    Quote Originally Posted by Hatuey View Post
    That doesn't hold up to a quick search on the history of abortion in the US. Abortion was legal to varying degrees in different states. As a matter of fact it had been legal upon request in various states before Roe V. Wade. Prior to the 19th century there weren't even many laws on abortion and whether or not it should be illegal. What was once illegal, wasn't all that illegal.
    I'm talking specifically about the laws that made it illegal. Those laws were changed by the court. I never claimed or implied that abortion was illegal everywhere.

    Prior to the 19th century, there may not have been any statutory laws criminalizing abortion, but it was restricted and oftentimes illegal under common law once into the second trimester. Yes, it wasn't severely restricted until the Civil War era - but as long as we're pointing out historical anomolies, we should also recognize that abortion law has never been as permissive as it is now. I don't think you can find a single, modern developed nation that doesn't restrict abortion more than we do.

    Quote Originally Posted by Hatuey View Post
    As a matter of fact it had been legal upon request in various states before Roe V. Wade.
    Yes indeed. And many would argue that had we let nature take its course, abortion would now be legal in every state. Instead, we got Roe v Wade - a poorly argued, terrible judgment that's resulted in decades of fighting and made abortion the most divisive issue in politics.

  4. #14
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    Re: Activists Judges makes laws?

    A lot of people like to argue that the courts have no Constitutional power to reinterpret law and as such, they have legislated from the bench with every ruling where they have done so.

  5. #15
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    Re: Activists Judges makes laws?

    Quote Originally Posted by Kal'Stang View Post
    No, what they did was abolish a law that was against the constitution.
    And this begs the question - if judges do not "make law," where in the Constitution is the Judiciary granted the power to abolish or nullify laws enacted by the legislature?

    Perhaps the earliest example of judicial activism was when they gave that power to themselves way back in 1803.

  6. #16
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    Re: Activists Judges makes laws?

    Quote Originally Posted by Taylor View Post
    And this begs the question - if judges do not "make law," where in the Constitution is the Judiciary granted the power to abolish or nullify laws enacted by the legislature?

    Perhaps the earliest example of judicial activism was when they gave that power to themselves way back in 1803.
    Article 3
    The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish....The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority....In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
    .....

  7. #17
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    Re: Activists Judges makes laws?

    Quote Originally Posted by Your Star View Post
    Article 3
    .....
    That gives them the power to interpret the law and render judgment on a case. It does not give them the power to decide whether or not the law itself is valid.

  8. #18
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    Re: Activists Judges makes laws?

    Quote Originally Posted by Taylor View Post
    That gives them the power to interpret the law and render judgment on a case. It does not give them the power to decide whether or not the law itself is valid.
    It is deemed an implied power.

  9. #19
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    Re: Activists Judges makes laws?

    No, judges (activist or not) cannot make laws. They do not have that power.
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  10. #20
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    Re: Activists Judges makes laws?

    Quote Originally Posted by Kal'Stang View Post
    Where in Roe vs Wade did they make a law? All they did in Roe vs Wade is to vote a law that was passed out as it being unconstitutional. I would ask you another question but it isn't relevant to the thread topic since it is about abortion specifically.
    I think we are talking about the effect of their rulings? Are you trying to get technical and require a US Code number or what? We all know what we're talking about here, it's activist judges that in effect make law out of whole cloth when they rule on cases of law before them. We're not talking about where legislative powers actually reside.
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
    "Fly-over" country voted, and The Donald is now POTUS.

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