posted on July 24, 2004 08:17:08 PM new
I'm tired of hearing this rhetorical term 'activist judges. What is that supposed to mean? As far as I can tell, it's nothing more than a derogatory label for a judge who makes a decision that you do not like. It is the constitutional role of the judiciary to interpret our laws and constitution, and it is essential for the judiciary to have power equal to the legislative and executive branches for our system of checks and balances to work. You may not agree with their interpretations, but it is absurd to try to smear a judge with the activist label for doing their job.
These same people who create the term "activist judge" would be angry when something goes against their thinking, but really happy when something a judge rules on is in line with their position.
posted on July 24, 2004 08:34:29 PM new
Sorry, you are wrong on that. Judges interpret laws and make ruling based on their thoughts. That is why certain things are treated differently in different states. Judges have the power to give a tough or lighter sentences on criminals. This is based on indivudual situations. The power of the bench might be used in a littering case of the gay marriage issue.
There is also something called case law. That is where new laws are made base on the ruling of judges and this is often used by attorneys in subsequent cases. That's all.
Now pay your dime.
True Americans do not exclude anybody. They recognize that everyone should have the same rights. Bigotry, intolerance and hatred are cancers of the mind.
posted on July 24, 2004 08:46:22 PM new
We like you posting here. It shows everyone how different some opinions are. Sometimes you bring a good laugh on a dull day.
True Americans do not exclude anybody. They recognize that everyone should have the same rights. Bigotry, intolerance and hatred are cancers of the mind.
posted on July 24, 2004 09:29:22 PM new
Twelve is right, an activist Judge goes beyond the scope of her duties. Judges interpret laws and can decide on their legality, they do not have the authority, nor the power, to make them. Case law is a different matter entirely from blatantly trying to enact new laws from the bench.
posted on July 24, 2004 09:42:05 PM new
parklane says,
Judges interpret laws and can decide on their legality, they do not have the authority, nor the power, to make them.
You are 100 percent correct!!!! So when a judge is presented a case concerning gay marriage, (like in Massachusetts) they have to decide on the legality of it. Part of the legality is whether it falls under the guidelines of equality of the US Constitution. That's what happened there. The judge used his/her power to interpret what is correct and rule accordingly. That's all.
True Americans do not exclude anybody. They recognize that everyone should have the same rights. Bigotry, intolerance and hatred are cancers of the mind.
posted on July 25, 2004 06:57:20 AM newYou bet they are, they are not upholding anything, they are making law... that is for the legislature to do...
I don't know how you can say "activist judges" are making the law. They are only interpretation the laws that are already existing. It is not my fault you do not agree with their interpretation.
Let's have a BBQ, Texas style, ROAST BUSH
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All Things Just Keep Getting Better
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We the people, in order to form a more perfect Union....
.....one Nation indivisible, With Liberty and Justice for ALL.
posted on July 25, 2004 09:25:34 AM new
Twelve is right, an activist Judge goes beyond the scope of her duties
Just like an activist President goes beyond the scope of her duties and tries to change create laws because she does not like the judges interpretation of them. I wonder how she would respond if the Supreme Court declares the DOMA to be unconstitutional? I wonder how she will respond when the Supreme Court says it is illegal to hold prisoners without charging them for any crime?
Let's have a BBQ, Texas style, ROAST BUSH
------------------------------
All Things Just Keep Getting Better
------------------------------
We the people, in order to form a more perfect Union....
.....one Nation indivisible, With Liberty and Justice for ALL.
