Results 1 to 6 of 6
  1. #1 Scalia quote. Judges make law. 
    Banned
    Join Date
    May 2009
    Posts
    183
    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.
    Reply With Quote  
     

  2. #2  
    Quote Originally Posted by nero View Post
    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.
    Reply With Quote  
     

  3. #3  
    Banned
    Join Date
    May 2009
    Posts
    183
    That makes zero sense.

    There are threads about Sotomayers views all over the forum.

    Your reason for moving the thread has no credibility.
    Reply With Quote  
     

  4. #4  
    PORCUS MAXIMUS Rockntractor's Avatar
    Join Date
    Apr 2009
    Location
    oklahoma
    Posts
    42,898
    Quote Originally Posted by nero View Post
    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.
    Reply With Quote  
     

  5. #5  
    Sonnabend
    Guest
    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
    Reply With Quote  
     

  6. #6  
    Junior Member
    Join Date
    Jun 2008
    Posts
    19
    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!
    Last edited by Loogie; 05-31-2009 at 12:42 PM.
    Reply With Quote  
     

Bookmarks
Bookmarks
Posting Permissions
  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •