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Politics : President Barack Obama
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To: TimF who wrote (55054)5/30/2009 8:34:02 AM
From: nigel bates  Read Replies (1) of 149317
 
>>The question isn't "should we try to dismiss empathy. Its who should make the law. A democratically elected legislature, with a supreme court behind it to make sure the law complies with the constitution, or the supreme court, not elected, and with nothing behind it (except the possibility of an amendment, or perhaps a constitutional crisis if its decisions are ignored).<<

That really isn't 'the question'.

You are setting up a classic straw man argument, which has little or nothing to do with mainstream Democratic thinking, and absolutely nothing whatever to do with the Sotomayor debate.

Do you believe (for example) that the Supreme Court has jurisdiction to enforce Second Amendment rights at the state level ?
If so, then you support one of the fruits of "judicial activism".
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