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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?

To: TimF who wrote (74728)	7/3/2008 8:17:46 PM
From: Cogito	Respond to of 543355

>>So does that mean that - "in the absence of the justification, the right should still pertain."? Message 24728818; Tim - I don't think that one would want to apply such considerations just as a general rule, but rather, with consideration given to each right as a specific case. No, I don't think the courts should simply ignore the law or the Constitution when some passage doesn't seem relevant anymore, if that's what you're asking. It occurs to me our system doesn't really have a mechanism for courts to refer such matters to legislatures, so that changes might be enacted. So outmoded laws do remain on the books for long periods of time. I would always prefer to see the courts err in deciding what rights we have as citizens on the side of greater protection of those rights, not lesser. - Allen