This blog posts about aviation, automobiles, electronics, programming, politics and such other subjects as catch my interest. The blog is based in northern New Hampshire, USA
Saturday, June 25, 2022
Elected legislatures are supposed to write the laws
Courts and judges are supposed to interpret existing law and
show how existing law fits the case before the court. Elected legislatures are subject to pressure
from voters to vote this way or that.
Which is as it should be, legislatures are supposed to represent their
districts. We give judges tenure, often
for life, to insulate them from popular pressure so that they can rule in
accordance with the written law.
Unfortunately political
pressure groups, back in the ‘60s and ‘70s found it easier to influence 5 out
of 9 unelected lawyers than to gain the votes needed to pass a law in
Congress. Hence Roe vs. Wade in the
early 1970s. This led to responsible
presidents nominating “strict constructionists” to the Supreme Court, judges
who would rule in accordance with existing law and not make new law from the
bench
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