Judges cannot make law.
Well, this judge thinks he’s enforcing a law but as the one who started this column has pointed out, ‘The rules were changed by the SCOTUS, but they DO NOT WRITE LAW, they enforce, and clarify existing law. The federal QUEER MARRIAGE LAW is NOT A LEGALLY written law, by Congress, therefore it is Constitutionally not enforceable.’
“Judges cannot make law.”
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Judges make law all of the time by creating imaginary rights under the Constitution, deferring to regulatory actions of bureaucrats, and relying upon international law.
And the Secretary of State can't have her own private email server.
And Security Risks can't occupy high government positions.
And government officials aren't allowed to use ALIAS email accounts to conduct government business.
You realize the basis of our common law judicial system is judge made law, right? Most of the law we have today is codified common law doctrine. Negligence and contract law are two huge areas developed in successive upper court decisions. Divorce law in most states has a common law basis. Not here in California; we have community property. The Constitution is ripe for interpretation and creating laws. You are afforded “due process.” What the hell is “due process”? Can’t you see? It’s the process that is due. The Supreme Court fashioned a law that said “due process” is notice of the action against you and an opportunity to be heard before a neutral, detached magistrate. Otherwise, the government could say “due process” is a secret tribunal where we determine your real punishment after a speedy show trial before a jury of your peers.