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View Full Version : Scalia quote. Judges make law.



nero
05-29-2009, 05:25 PM
This complete separation of the judiciary from the enterprise of "representative government" might have some truth in those countries where judges neither make law themselves nor set aside the laws enacted by the legislature. It is not a true picture of the American system. Not only do state-court judges possess the power to "make" common law, but they have the immense power to shape the States' constitutions as well. See, e.g., Baker v. State, 170 Vt. 194, 744 A. 2d 864 (1999). Which is precisely why the election of state judges became popula

http://www.law.cornell.edu/supct/html/01-521.ZO.html

If a mod feels the need to move this link, can a explanation be given ? A mod told me Huff Post isn't allowed, I hope my new link passes for credible.

Gingersnap
05-29-2009, 05:48 PM
This complete separation of the judiciary from the enterprise of "representative government" might have some truth in those countries where judges neither make law themselves nor set aside the laws enacted by the legislature. It is not a true picture of the American system. Not only do state-court judges possess the power to "make" common law, but they have the immense power to shape the States' constitutions as well. See, e.g., Baker v. State, 170 Vt. 194, 744 A. 2d 864 (1999). Which is precisely why the election of state judges became popula

http://www.law.cornell.edu/supct/html/01-521.ZO.html

If a mod feels the need to move this link, can a explanation be given ? A mod told me Huff Post isn't allowed, I hope my new link passes for credible.

This isn't "political news". It's a discussion of Scalia's viewpoint.

nero
05-29-2009, 05:51 PM
That makes zero sense.

There are threads about Sotomayers views all over the forum.

Your reason for moving the thread has no credibility.

Rockntractor
05-29-2009, 06:00 PM
That makes zero sense.

There are threads about Sotomayers views all over the forum.

Your reason for moving the thread has no credibility.
Be nice nero or you will end up like watercloset. Unless you are watercloset.

Sonnabend
05-29-2009, 07:52 PM
There are threads about Sotomayers views all over the forum.

Your reason for moving the thread has no credibility.

Now now, don't annoy the Snaps :D

Loogie
05-31-2009, 12:35 PM
Scalia is correct. The state judges are different from the federal judiciary in their respective roles. He carefully cites the relevant case. He doesn't state that he agrees with this fact, he is merely stating it.

"Which is precisely why the election of state judges became popular."

Emphasis mine. The judges can be removed if they make poor decisions, unlike judges who are appointed with life tenure who face no such threat.

Edited to add: Scalia rips Ginsberg's idiotic liberal dissent to shreds. I LOVE it!