Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Jacquerie
"Yoo hoo. The courts are to adjudicate disputes that arise under the law. They were not granted power to determine the meaning of the law."

Yoo hoo, one has to decide what the law means to adjudicate a dispute under it.

"No institution other than the one that wrote the law can rightly determine its content."

The courts rightly apply the law to actual cases. It's their job. To do that they have to decide what that content means. When they do that they aren't "making law" in the sense a legislature does, and their decisions are based on the law as written. Those decisions do not lack constitutional authority, as the topic article suggests. Apparently the author isn't the only person so confused. But at least most people aren't off writing articles about things they don't understand.

18 posted on 03/22/2016 3:15:42 PM PDT by mlo
[ Post Reply | Private Reply | To 15 | View Replies ]


To: mlo

Article I Section 1 empowers congress to write law.

If the content is not clear to the judiciary, it is up to congress, the lawgiver, to clarify.


19 posted on 03/22/2016 3:43:51 PM PDT by Jacquerie (ArticleVBlog.com)
[ Post Reply | Private Reply | To 18 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


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