[Jerrybob]

“When I went to law school they said the law’s what a judge says it is. Whether it is constitutional or not is going to be whether the Supreme Court says it is.”

Absolutely not true -- but what do you expect from a liberal Democrat?

One of the cornerstones of the Republic set up by the Founding Fathers was the JURY SYSTEM -- designed to stand between the accused and the government to pass judgment on, among other things, whether the law was being applied correctly or not.

[ridesthemiles]

“When I went to law school they said the law’s what a judge says it is. Whether it is constitutional or not is going to be whether the Supreme Court says it is.”
Absolutely not true — but what do you expect from a liberal Democrat? “””

Do we know where Waxman went to school?

IF Berkeley- he might not have stretched the truth.

[RobbyS]

Indeed. But todays judge have been weaned on legal positivism. I think that Oliver Wendel Holmes —an ardent Darwinist—wasd the first to make this statement in his book on the Commion Law. Holmes was an atheist and a cynic, a veteran of the civil war who emerged from it convinced that all that matters is force. So we have the judge as autocrat!