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To: retrokitten

Great on Alito's part

Alito: If the founders had wanted judges to make decisions based on public opinion, they would have made them elected. But lots of decisions lie in the political branches so people can have control over their destinies. Soveriegnty lies in the people.


813 posted on 01/12/2006 7:42:26 AM PST by saveliberty (Proud to be Head Snowflake and Bushbot)
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To: saveliberty
Alito: If the founders had wanted judges to make decisions based on public opinion, they would have made them elected. But lots of decisions lie in the political branches so people can have control over their destinies. Soveriegnty lies in the people.

Decisions are supposed to lie in the political branches, but are decided by the courts when (1) the political branches are too cowardly to decide the issue, (2) advocates can't convince the political branches to decide their way so they find sympathetic judges to implement their desires, or (3) overreaching judges unilaterally impose decisions, ignoring the political branches.

872 posted on 01/12/2006 7:56:55 AM PST by Mannaggia l'America
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