He is right that there is something wrong with the Judicial system. Its one thing to strike down laws when they are unconstitutional. Its quite another to legislate from the bench or “direct” the other branches to establish laws.
“Its quite another to legislate from the bench or “direct” the other branches to establish laws.”
That was always my basic understanding...Legislative created laws, executive reviewed and approved and Judicial arbitrated when necessary. Judicial SHOULD NOT have the ability to create law...it is for interpreting the Constitution, reviewing laws, and deciding cases involving states’ rights.
No?
Then fix the judicial problem Mr.Gingrich. Thinking path of least resistance.
And he is right to cite the application of Miranda rules to the battlefield. That was a decision that everybody on the SCOTUS knows was mistaken -- and they knew it when the decision was announced.
The majority opinion was written by the senile John Paul Stevens (or his liberal clerks). As support, it cited segments of the Geneva Accord -- segments that said the exact opposite of what the senile Stevens contended.
As such, the decision was totally in error. Everybody knew it. But the majority supported it nonetheless...because it furthered their political agenda.