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Politics : Politics for Pros- moderated
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To: TimF who wrote (115949)5/24/2005 3:12:25 PM
From: Lane3  Read Replies (1) of 793782
 
It could be argued that if the courts are really going to make the rules that they should just go ahead and do so in order for things to be clear.

I think you're contradicting yourself on this one. Or maybe just thinking it through as you post. Either the court writing new law is a bad thing because it deprives the country of the opportunity to work out big changes over time or it's a good thing "just going ahead...for things to be clear." I imagine that sparing the states the false starts and the back and forth was at least part of what they had in mind with their activist trimester thingy. Each way presents its problems.

Which is of course the point were we disagree. I not only think that the so called "penumbra" of the constitution is not actually part of the constitution, I think its dangerous to consider it to be so.

You would agree, wouldn't you, that, if the penumbra were, indeed, part of the constitution, as I believe, then ruling a law unconstitutional is not judicial activism? (I know we disagree about the right to privacy being part of the constitution. That's a given. Just trying to isolate that variable to see if we would otherwise agree on what is judicial activism.)

liberty is one of my most important political values it is not the only one.

Except for the absolutists, everything is about hierarchies of values. I've done the tests. Wisdom comes out as my number one and freedom number two. No question where I stand. I don't know what values you hold higher than liberty but apparently liberty is not as high up in your hierarchy as in mine. So we are bound to respond differently.
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