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Politics : Politics for Pros- moderated

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To: Lane3 who wrote (31366)2/25/2004 6:43:22 PM
From: TimF  Read Replies (3) of 793711
 
I agree with michael97123 on this I don't think it does debase the constitution. The amendment process is just about the only way to counter judges redefining things like marriage or other important traditions and traditional legal understandings without the clear relatively direct support of the constitution. Theoretically you could combat such judicial activism by picking the right judges but that isn't always a very effective method and it has to be done beforehand. Other ideas that could in theory be tried include some form of nullification (refusing to comply with and enforce the judges ruling), and impeaching judges for not following the constitution in their rulings. Either of these ideas would be far more radical then an amendment and would be much less likely to succeed. They also would create a political firestorm and possibly a constitutional crisis. Realistically they can be ruled out as alternatives (that's why I said they could be tried "in theory"), which really only leaves you with amendments or accepting the arbitrary rule of judges.

Tim
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