tee hee hee...silly cons.
gawd, I forgot to make this point as I kept getting drawn into the silliness that is right wing-nut spin.

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When a true genius appears in the world, you may know them by this sign, that the dunces are all in confederacy against them.
-Jonathan Swift

---"Thoughts On Various Subjects, Moral and Diverting."

Clic on picimg034.jpg

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None. Mod edit to remove profanity. Fools to the left of me, Jokers to the right, here I am stuck up the middle of you!
"Some people have recurrent behavior issues" Catz, proof please?

Not all Religion is a load of bollocks,The United Church of the Latter Day Tangental Tarts is moist yet crisp

Im a Tart, What! you want some of this

cool.

what and where is the area behind you?

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When a true genius appears in the world, you may know them by this sign, that the dunces are all in confederacy against them.
-Jonathan Swift

---"Thoughts On Various Subjects, Moral and Diverting."

[quote=DanteAugustusGermanicus;556684]tee hee hee...silly cons.
gawd, I forgot to make this point as I kept getting drawn into the silliness that is right wing-nut spin.[/QUOTE

Where is this coming from? And why bring it up???

Judges donot make law.

The Judiciary judges the law.

The Legislative Branch makes or creates law.

Are you seriously kidding me?

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"Federal aid in such cases encourages the expectation of paternal care on the part of the government and weakens the sturdiness of our national character."--Grover Cleveland on bailouts in 1892.

WARNING: It is unpatriotic and invalid to post a link or a story that doesnt come from a left wing source, no matter the substance of the story.

What part of "interpret" not "invent" do you not understand?
They are employed to interpret existingf written and enacted law, not make (*)(*)(*)(*) up!

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Not many people know this, but I'm really famous!

that's the essence of anglosaxon law, there's nothing be talk about because this system works for over thousand years and works. casuistry is included

As K-2 so aptly noted, this system is the basis of Anglo-Saxon law and has been proving itself for well over a millennium.

In the US, judges have been interpreting the law since the beginning - and the SCOTUS judges interpretation has the force of law because it cannot be appealed. The only time it has been called 'inventing a law' is when the right-wingers do not agree with the interpretations of the SCOTUS.

The proper way to change a law is to go through Congress - not to stack the SCOTUS with justices that will vote the way you want them to vote.

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He who angers you, controls you!

In one sense the courts this thread is correct in that the courts do establish the common law. Prior decisions by the courts are often cited in cases as "precidence" and carry considerable weight. This is complex though because it relates to the structure of the court system itself.

The SCOTUS does have a Constitutional responsibility as defined in Article III Section 2 so the claim that the SCOTUS is not mandated with applying the Constitution in cases is false. Some would call this "creating law" but in fact it is about applying the Constitution and their decisions are based upon legal arguments in the application of the Constitution. I believe that we have seen misinterpretations of the Constitution by the SCOTUS, such as with the application of the "general welfare" statement in Article I Section 8 which actually referes to the general welfare of the States and not of the People and the specific responsibilities related to promoting the general welfare are defined within the enumerated powers and not subject to the whims of Congress. That notwithstanding the intent is clear whether it is followed or not by the SCOTUS.

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Soldiers swear to protect and defend the Constitution with their lives.

Politicians swear to protect and defend the Constitution with someone else's life.

In common law a neat trick is courts "rediscovering" old laws. The concept of "disuetude" holds that laws can fall into disuse and can effectively be ignored by the courts. You know those lists of crazily outdated laws that you read from time to time - that's disuetude. But now and again courts can "rediscover" law. English courts did this with the law of affray some years ago, they dug up the old law and stated that the old law was still valid (handy for dealing with football hooligans).

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Human consciousness is a shared illusion. We are each other's illusory constructs.