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Pastimes : Let's Talk About Our Feelings!!!

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To: jlallen who wrote (63483)11/18/1999 10:51:00 AM
From: epicure  Read Replies (1) of 108807
 
Lots of attorneys - conservatives and democrats- misuse the courts for their own purposes. the good news (for me) is that I like most of what the Supreme Court has done. I agree they are not what the founders might have had in mind- I think they have more power than the founders foresaw (the founders were most worried about the executive)- and you know, I think they were right. The Supreme Court, as it is constructed, is a safety valve not only on executive power but also on legislative action. Where the legislature (s - state and fed) may be too afraid to act (because they are elected) the Supremes give us a body almost unafraid to make decisions (and because they need a majority extremism is not so likely to creep in- especially with the staggered appointments of the justices)- like the civil rights cases. I can find NO justification for those cases in the Constitution- and I used to favor strict construction- but I have really been thinking about it and I now believe that even though those cases and the right to privacy cases and many others, required the court to find rights that were not actually IN the Constitution per se, I believe that on balance the right thing was done. And, but for the Supreme Court, the right thing would not have been done, or would not have been done in time. Three cheers for the Supremes.
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