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

To: Dog Gone
Wait. If he has voted to overturn a law, would you say he is a strict constructionist?
71 posted on 12/31/2002 8:26:45 AM PST by AppyPappy
[ Post Reply | Private Reply | To 67 | View Replies ]


To: AppyPappy
Wait. If he has voted to overturn a law, would you say he is a strict constructionist?

If the law is unconstitutional, then yes. If he overturned to because the law is "unfair", then no.

76 posted on 12/31/2002 8:29:43 AM PST by NittanyLion
[ Post Reply | Private Reply | To 71 | View Replies ]

To: AppyPappy
Wait. If he has voted to overturn a law, would you say he is a strict constructionist?

It depends on the grounds. If the law is unconstitutional, it must be overturned by a strict constructionist, if that question is put before the court, and the question is within the jurisdiction of that court.

However, overturning a law does not make a judge a strict constructionist. Many liberal activist judges have invented grounds to overturn laws they don't like.

79 posted on 12/31/2002 8:32:36 AM PST by Dog Gone
[ Post Reply | Private Reply | To 71 | 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