But until and unless the nine Supreme Court justices change their mind under pressure of the final arbiter -- public opinion -- lawmakers are just voting for laws the court will overturn on constitutional grounds.
What's fascinating to me is his assumption (really, now, the liberal assumption generally) that it is JUDGES and not legislators whose views best reflect the will of the people. It's as if they have given up on democracy because they cannot get what they want that way--or maybe because they know they can better get what they want from elitists like themselves.
To: madprof98; BlackElk
THe assumption that judges, or legislators, have some preternatural wisdom is also known as the "fallacy of positive law," thoroughly shredded by Bob Bork before he was disposed of by (surprise!!) positivists like Ted Kennedy.
posted on 01/20/2004 12:25:37 PM PST
(So many cats, so few recipes)
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