Nathan Poe
Well-Known Member
MachZer0 said:To repeat myself, would you want a judge with my political ideology striking down laws baswd on inference and penumbra?
If a particular judgement is that far gone, well then, isn't that why we have an appeals process?
No, I was thinking more along the lines of the references to international law as regarding sodomy which were used to strike down the Texas laws
And what exactly were the legal grounds for that law in the first place?
That is a catcall phrase that justifies the judicial activism. Which part of the Constitution is not clear to you?
The parts that deal with scenarios which haven't arisen yet.
This my come as something of a shock to you, but neither the Constitution nor the penal code are 100% comprehensive. Situations will arise that our Founding Fathers hadn't counted on.
In a perfect world, the legislature will write new laws as needed. But this world (not to mention the legislature) is far from perfect. That's why judges rely on the circumstances of the case, precident, and even (gasp! say it ain't so!) their own good judgement to make fair rulings.
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