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To: templar
Judges cannot make law! That's where judges subvert what actually is law in this country by taking into account decisions made by other judges, by quoting another judge's decision or opinion, and by hearkening to laws of other countries (recently, by U.S. Supreme Court justices). These practices have reduced courts to a diarrhea of blather and have confused juries to the point where they no longer know how to judge evidence because judges give them ridiculous "rules" to follow.

Time for someone to put judges in their place. They are NOT to make law. Not Ever! And he who thinks so is in error. Time to learn the truth, folks. Judges err in thinking they are able to revise and rewrite the law. They are not! And state legislatures should pass laws to strip state judges of the power to rule on some of the issues that judges typically try to turn bottom-side-up from what the law states. And legislatures can do that.

And on the national scope, Congress can take whole areas of purview away from all federal courts that are below the level of the Supreme Court. So, why don't they start by disbanding the 9th Federal District Court and throw those idiot judges out on the street? That would be a good start and would solve quite a few problems.

And to those who don't think state and national legislatures can remove issues from what state and federal judges can rule on, just read Article III of the U.S. Constitution and then go check into your own State Constitutions. It's there, friends. Now, if only Congressmen had the backbone to do their duty.....

45 posted on 02/16/2004 4:22:46 PM PST by Patriot Son (Learn the truth -- it beats ignorance.)
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To: Patriot Son
Judges cannot make law!

TRUE! But the Judges in this case have declared the current law of California unconstitutional, even if by the flimsiest arguments. The only course I can see this taking is successive court challenges, with media villianization of any Politician that opposes the issuance of licenses to gays.

47 posted on 02/16/2004 4:27:40 PM PST by Fitzcarraldo
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To: Patriot Son
Time for someone to put judges in their place. They are NOT to make law. Not Ever!

Well, tell you what. If a Judge ever issues a court order to you just tell him his order isn't law and you don't have to obey it. You'll get a real quick and practical education on what is and is not law.

102 posted on 02/16/2004 8:12:31 PM PST by templar
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To: Patriot Son
Templar is absolutely correct. There are four kinds of law. I learned this in my first year of law school (Santa Clara University 1986.) Judicial (Judge-made) law is just as much law as that made by the state legislature. Like legislative law, it can be overturned by appellate judges.

Marty
116 posted on 02/17/2004 12:26:22 AM PST by reformedcrat (A new Pubbie who finally woke up.))
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