Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Kaslin

That is the crux of the problem.

The law should never be made from the bench.


2 posted on 12/07/2017 7:06:23 AM PST by generally ( Don't be stupid. We have politicians for that.)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: generally

The Court doesn’t actually have that power. It is not delegated to them and they have since FDR’s time lawlessly usurped this powers for which amendments are only lawful.


6 posted on 12/07/2017 7:09:02 AM PST by Rurudyne (Standup Philosopher)
[ Post Reply | Private Reply | To 2 | View Replies ]

To: All

It’s bad luck this hit the SC while Kennedy is still there.


7 posted on 12/07/2017 7:10:19 AM PST by gibsonguy
[ Post Reply | Private Reply | To 2 | View Replies ]

To: generally

This case illustrates the problems with the Court creating “rights” through the process of Substantive Due Process.

1. The discovery of new rights is inherently subjective (this problem was noted by Justice Iredell as early as Calder v. Bull in 1797).

2. In creating “rights,” the Court is inherently making a policy judgment supporting those rights, and in so doing becomes a political and not judicial body. As we’ve seen since Roe v Wade led to the character assassination of Robert Bork, membership in the political court has become a political issue.

3. It denies the public the ability for political input in the policy decision, which very much rubs the public the wrong way.

4. It creates a labyrinth of “rights” that will inherently cause them to come into conflict with each other, as they do here. When that happens, the state, acting through its judiciary, becomes the arbiter of those rights. One of them must lose, and when it does, it is no longer a right but a license, like a fishing license, to be granted and revoked as the state sees fit.

To me the best characterization is the difference between Roe v. Wade and the 19th Amendment (women’s suffrage). The women’s suffrage movement was consistently opposed for a number of years, but after 32 states had given women voting rights, the nation was ready for a Constitutional Amendment. It was proposed, debated and adopted through the political process. It has not been a subject of serious debate since.

Roe v. Wade on the other hand was created out of thin air and forced upon the public without benefit of their input, and remains controversial 40 years after the ruling.


13 posted on 12/07/2017 7:40:07 AM PST by henkster
[ Post Reply | Private Reply | To 2 | View Replies ]

To: All

> The law should never be made from the bench.

The law can not legal be made from the bench.
Jail for judges who do.


21 posted on 12/07/2017 10:07:12 AM PST by veracious (UN = OIC = Islam ; Dems may change USAgov completely, just amend USConstitution)
[ Post Reply | Private Reply | To 2 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


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