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

To: McGavin999
the only remaining question is will she administer the law in a fair manner. .

A SC justice does not administer the law. A SC justice makes new law every day through decisions based on application of legal principles to the facts before the court. Except for the occasional mistake by lower courts, for the most part, every decision is new law because it requires sorting out conflicts between existing legal principles that could not be sorted out by lower courts. Where the law is clear and correctly applied, certification is denied.

180 posted on 10/10/2005 8:25:05 AM PDT by AndyJackson
[ Post Reply | Private Reply | To 171 | View Replies ]


To: AndyJackson
A SC justice makes new law every day through decisions based on application of legal principles to the facts before the court.

But that is NOT their job. It's the job of the legislature to MAKE laws, it's the job of the USSC to make sure laws are constitutional or are applied within constitutional constraints.

How much knowledge of the constitution does it take to say "Where does it say that?" If it's not in there, it falls under the 10th Amendment. The only test is that what the states pass does not conflict with the constitution. PERIOD.

195 posted on 10/10/2005 8:51:12 AM PDT by McGavin999 (We're a First World Country with a Third World Press (Except for Hume & Garrett ))
[ Post Reply | Private Reply | To 180 | 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