Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Fight 1 World Government
We need judges who will follow the Constitution, not make law.

All judicial rulings are law. All judges make law, that's their job. We need judges who will make constitutionally sound judicial law rather than judicial law based on questionable and controversial precedents. I know I'm splitting hairs, but it's an important hair to split.

16 posted on 06/01/2003 5:22:36 PM PDT by templar
[ Post Reply | Private Reply | To 12 | View Replies ]


To: templar
All judicial rulings are law. All judges make law, that's their job. We need judges who will make constitutionally sound judicial law rather than judicial law based on questionable and controversial precedents. I know I'm splitting hairs, but it's an important hair to split.

Actually, since we're splitting hairs, let's be exact. Judges interpret laws, in their constitutional role. Only when a judge extends the law (in any direction) according to his or her personal bias do they "make" law.

The essence of a strict constructionist is a determined will to interpret the acts of congress according to the explicit letter and clear intent of the governing document - the constitution itself. For example, there is no explicit "right to privacy" enumerated in the constitution or its amendments, so therefore there is rightfully no federal protection for abortion.

Another example is the use of the words "of the people" in the first and second amendments. In both cases, it clearly means the individual citizens of the United States, but the liberalistas want it to mean citizens with regard to the first amendment, but then to mean the states with regard to the second amendment.

One more point, and then I'll hush. Those powers not enumerated to the federal government in the constitution were explicitly remanded to the states. That's why there is so much "interstate commerce" garbage cited as the basis for federal regulations and laws. The libs are deathly afraid of getting constitutionally literate judges who don't "legislate from the bench" because the courts are the one bastion of (illegitimate) legislative power the libs truly have in their back pocket.

19 posted on 06/01/2003 6:03:22 PM PDT by MortMan
[ Post Reply | Private Reply | To 16 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson