7/20 To emarkp or whomever was making the comment about the judicial
arm of the government being mainly interpretive, you're basically
wrong. Since we live in a common-law country in reality much of
the basis of day-to-day law as it exists today was created through
the courts. The legislature and the executive branch can't be
bothered with figuring out every little detail of law. Courts have
traditionally been a font for much law, and much legislation is
based on recommendations by commentators, such as the MPC and
the UCC. Also, if you ever bothered to examine the constitution,
it's a pretty short document and is merely a framework to
setup our national government. The guarentees codified in the
Bill of Rights were actually rather unnecessary, as they reflect
English subject rights which were assumed to be part of common
law. In fact, codifications such as the 2nd Amendment have caused
nothing but trouble. There is a fiction amongst laymen that
there are "strict constructionists" vs. "liberal interpretists",
but in reality it probably is more accurate to view them as
being essentially individualists vs. statist. The law is hardly
a static thing, and even the simplist codifications are open
to endless interpretations and expansions.
\_ Indeed? You are a very misguided man. It is very interesting to
me that you think a common law conception is enough, and
codifications 'cause trouble.' By your own dichotomy you would be
a statist. In fact, I suppose your entire post can summed up as
'I am a statist.' -- ilyas
\_ I suppose your entire posting history on motd can be summed
up as 'I am a moron'
\_ You know, kais motd is entirely unreliable as far as
determining the exact identity of posters, but it is useful
for noticing trends sometimes. Whenever you see a post like
that one of the people on the attribution list is a member
of the wall liberal goon squad. Odd, that. -- ilyas
\_ Meh, not really. That clique is pretty active on both
wall and motd, it seems. The fact that they get picked up
by kais scripts shouldn't be surprising, especially
considering the variety of ways people use to view motd
in various editors, etc. Perhaps you're just being overly
sensitive, esp in light of how badly you get treated here
and, apparently, on wall.
\_ My comments were limited to SCOTUS--I wasn't addressing the entire
judiciary. Your assertion of "fiction" is ridiculous IMO (see, I
can make assertions too!). The constitution was written to limit
the powers of government. SCOTUS should interpret the constitution
with that in mind. I guess that means I'm "originalist" or
"textualist" as well as "individualist". -emarkp |