Re: Scalia On Judges Judging Morals
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They make law rather then interpret it
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Our system is based, in part, on a common law tradition --- that is, judge-made law. It is as deeply rooted as concepts we take for granted like "innocent until proven guilty" and "elwood is always right."
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Your basically giving these judges to power to rule on issues and they can only be overuled by the amendment process, which requires a super majority.
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Not true. There are many issues that could be dealt with legislatively as well.
Take Roe v. Wade for example. I believe that if congress declared legislatively that a fetus is a life entitled to protection, the idea that there isn't a compelling state interest to overcome the right to privacy would be overcome. That the legislature has chosen not to do so isn't, nor should it be, the court's problem.
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