Re: Ideal System...Schiavo as an illustration
Congress makes the laws
The executive enforces the laws
The courts interpret the laws
I see no conflict in the Schiavo case. If Congress doesn't like the court's interpretation they can revise and create new laws. This has been done many many times, and as the democratically elected body, this is good and right. The check on Congress is the difficulty of getting a majority together to pass a law.
The courts should try to interpret honestly and objectively, rather than try to make their own laws. Many courts fail in this, and this is a problem that needs to be corrected.
The decision of what the law should be should belong to the political branches. The courts should only clarify the truly fuzzy areas.
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