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To: TimF who wrote (91702)12/21/2004 2:53:12 AM
From: Ilaine  Read Replies (1) | Respond to of 793757
 
Well, there are nine justices on the SCOTUS, so at least 5 have to agree with the result to get a majority. Which means that it's never just "a" judge running wild.

Not that I actually think any of the SCOTUS runs wild, per se. I don't always agree with the results but most of the time I can at least see how they got there.

Calling it a night. Later.



To: TimF who wrote (91702)12/21/2004 9:22:13 AM
From: haqihana  Respond to of 793757
 
Tim, All I ask of a judge, supreme or otherwise, is that they step down off that high horse, and use some horse sense instead.



To: TimF who wrote (91702)12/21/2004 10:07:40 AM
From: Mary Cluney  Read Replies (1) | Respond to of 793757
 
I recognize that there are real gaps and uncertainties but while sometimes a judge will have to do something in those gaps that doesn't mean that he has to or should decide that since the constitution is imperfect and not always 100% precise that he will make up new law whenever there is the slightest bit of justification for it.

I seriously doubt the framers of the Constitution expected to have covered all the bases for all time. Jurisprudence like anything else would have to advance over time.

The framers of the Constitution were people ahead of their time in terms of overall knowledge. They were educated in science and mathematics. They did not buy Creationism then and they wouldn't buy it today if they were around. If they were around today, they would still be ahead of their class in knowledge of science, philosophy, politics and economics.

They were not Conservatives then and they wouldn't be Conservatives today if they were here.