To: fiscally_right
There isn't the political will or desire to do anything. The result is a 9 person black-robed oligarchy running America.
Given that, one wonders the best solution never to have it happen again. That is an elected judiciary.
45 posted on
12/16/2003 9:45:36 PM PST by
xzins
(Retired Army and Proud of It!)
To: xzins; RobbyS
The courts have always made unpopular decisions. I would argue that that is their function. I'm sure that after Brown v. Board of Education there were lots of segregationists who made the same arguments you guys are making now. The judges don't represent you because that isn't their job, their job is to interpret the constitution.. Now I'm sure you'll say that "congress shall make no law abridging the right of free speech" was completely ignored by the SCOTUS in the recent CFR case. Well, the Courts have always found reasonable exceptions regarding certain constitutional issues. The 1st amendment doesn't guarantee one the right to yell "FIRE" in a crowded theatre, or to slander, or libel. The courts looked at "no law" and added "except" to the end of the amendment. Were they wrong in those cases? I don't think so..
Secondly, if you're objecting to the Texas v Lawrence sodomy case, the courts did, in my opinion, have constitutional grounds to strike down that law, based on prescedent. It has been the opinion of the courts for a long time that there is an implied right to privacy in the words of the fourth amendment, so it would definitely apply to one's consensual bedroom habits..
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