View Poll Results: Activist judges makes laws?

Voters
17. You may not vote on this poll
  • Yes they make laws!

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

    7 41.18%
  • Other.

    4 23.53%
Page 3 of 3 FirstFirst 123
Results 21 to 28 of 28

Thread: Activists Judges makes laws?

  1. #21
    Rule of Two
    Hatuey's Avatar
    Join Date
    Oct 2006
    Last Seen
    Today @ 03:42 PM
    Gender
    Lean
    Moderate
    Posts
    43,459

    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.
    Pretty sure ' all case, in law and equity, arising under the Constitution' tells you that they have the power to determine whether a laws is in accordance with you know, the Constitution.
    Peace is a lie. There is only Passion. Through Passion I gain Strength. Through Strength I gain Power. Through Power I gain Victory. Through Victory my chains are Broken. The Force shall free me.

  2. #22
    Guru
    Morality Games's Avatar
    Join Date
    Jul 2009
    Location
    Iowa
    Last Seen
    05-24-16 @ 09:00 AM
    Gender
    Lean
    Centrist
    Posts
    3,733

    Re: Activists Judges makes laws?

    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.
    They did not understand the scope of their own law, or they might have thought twice about how they phrased the precept.

    Laws are general principles from which meaning proceeds logically. Even if a framer doesn't comprehend the full implications of that meaning, it does not alter whether or event an action or event is consistent with it.

    Length of time doesn't really alter the constitutionality of a law because culture conditions cogntive patterns so that nobody considers its constitutionality.
    Last edited by Morality Games; 11-15-10 at 01:53 PM.
    If you notice something good in yourself, give credit to God, not to yourself, but be certain the evil you commit is always your own and yours to acknowledge.

    St. Benedict

  3. #23
    Filmmaker Lawyer Patriot
    Harshaw's Avatar
    Join Date
    Oct 2005
    Last Seen
    Today @ 10:59 PM
    Lean
    Libertarian - Right
    Posts
    31,442

    Re: Activists Judges makes laws?

    Case law IS law in a commonlaw system.
    It's not "tolerance" if you already approve of what you purport to "tolerate."

  4. #24
    Voluntary Resignation

    Join Date
    Jul 2009
    Last Seen
    11-30-10 @ 04:20 PM
    Lean
    Undisclosed
    Posts
    7,059

    Re: Activists Judges makes laws?

    Quote Originally Posted by Harshaw View Post
    Case law IS law in a commonlaw system.
    That's the problem with using such an ambiguous term as "law".

  5. #25
    Filmmaker Lawyer Patriot
    Harshaw's Avatar
    Join Date
    Oct 2005
    Last Seen
    Today @ 10:59 PM
    Lean
    Libertarian - Right
    Posts
    31,442

    Re: Activists Judges makes laws?

    Quote Originally Posted by Hatuey View Post
    Pretty sure ' all case, in law and equity, arising under the Constitution' tells you that they have the power to determine whether a laws is in accordance with you know, the Constitution.
    It doesn't. Equity certainly doesn't. And as for law, that clause did not figure into the reasoning or ruling of Marbury v. Madison.
    It's not "tolerance" if you already approve of what you purport to "tolerate."

  6. #26
    Filmmaker Lawyer Patriot
    Harshaw's Avatar
    Join Date
    Oct 2005
    Last Seen
    Today @ 10:59 PM
    Lean
    Libertarian - Right
    Posts
    31,442

    Re: Activists Judges makes laws?

    Quote Originally Posted by Coronado View Post
    That's the problem with using such an ambiguous term as "law".
    What is law other than the rules a court will apply? In a commonlaw system, the courts create binding rules. That's how a great deal of what we think of as "law" developed in the first place.
    It's not "tolerance" if you already approve of what you purport to "tolerate."

  7. #27
    Uncanny
    Paschendale's Avatar
    Join Date
    Nov 2010
    Location
    New York City
    Last Seen
    03-31-16 @ 03:08 PM
    Gender
    Lean
    Socialist
    Posts
    12,510

    Re: Activists Judges makes laws?

    Quote Originally Posted by Harshaw View Post
    Case law IS law in a commonlaw system.
    That is true, however case law does not invent new laws from scratch. It only interprets existing statutes and precedent to ensure a consistent logic throughout the legal codes. However, every decision a court makes can be overruled by statue.
    Liberté. Égalité. Fraternité.

  8. #28
    Filmmaker Lawyer Patriot
    Harshaw's Avatar
    Join Date
    Oct 2005
    Last Seen
    Today @ 10:59 PM
    Lean
    Libertarian - Right
    Posts
    31,442

    Re: Activists Judges makes laws?

    Quote Originally Posted by Paschendale View Post
    That is true, however case law does not invent new laws from scratch. It only interprets existing statutes and precedent to ensure a consistent logic throughout the legal codes. However, every decision a court makes can be overruled by statue.
    Common law IS inventing new law from scratch. And precedent IS case law.

    And yes, it can be overruled by a statute, which is why there ARE statutes.
    It's not "tolerance" if you already approve of what you purport to "tolerate."

Page 3 of 3 FirstFirst 123

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •