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. #21
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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.
    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.
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  2. #22
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    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 02:53 PM.
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  3. #23
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    Re: Activists Judges makes laws?

    Case law IS law in a commonlaw system.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  4. #24
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    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
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    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.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  6. #26
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    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.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  7. #27
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    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.
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  8. #28
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    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.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

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