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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?


To: Ilaine who wrote (91706)12/21/2004 10:28:19 AM
From: TimF  Read Replies (1) | Respond to of 793758
 
Its not just the USSC that interprets the constitution, and judges can run wild with ordinary law as well.

Personally I'm not sure I'd use the term run wild, at least about most of the USSC decisions. The court usually has at least substantial minority support for its decisions in both the population and among legal theorists, its not a run wild anything goes atmosphere at the court, but running wild or not the court often has no problem inventing constitutional principles, or applying the inventions of other legal theorists, even if the principles and theories have little grounding in the constitution itself.

Tim