Alito on Bork
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Art. III s. 2 says that the judicial power extends to "all cases in law and equity..." A lawyer will recognize what that means: the terms operate to receive the English law, which, as I mentioned before, is defined principally by its reliance on the doctrine of precedent.
If precedent is binding (and it is), that means that judges make law.
This is not controversial.
Google "Common Law".
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@1:39 I checked my e-mail.
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Thank you for posting this, jhmasdeu.
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@UdallIn72 Ya sure. If you want to believe judges should make laws go right ahead and believe that. I am glad I don't live in your fascist country. BTW, Article 3 Section 2 clearly defines judges duties, none of which entail making up new laws, but only defining them for particular cases.
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Article III of the US Constitution clearly preserves the Common Law system, which is based on precedent and therefore naturally entails judicial lawmaking.
Article VI, moreover, establishes the Constitution as the Supreme Law of the United States. Logically, that entails that judges will on occasion have to decline to enforce "statutes" in conflict with the Constitution. The main job of a judge is to find out what the law IS.
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Great answer!
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@cskirk I dont see where the constitution grants the court the authority to make up new "rights". Nor lets the judcial system make up new laws, isnt that congress' job? I thought a courts job was to interpret the law, not play judicial activism. Wow, this country is in trouble.
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What the fuck is your problem, friend? Maybe get an education in manners and learn to discuss matters civilly pertaining to politics.
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You are absolutely ILLITERATE, ebomb! "Would of"??? Where did you learn English? From Biden?
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All I ask is to read the 14th amendment and Roe v. Wade together and please try to explain where the right of abortion comes from. I a lawyer and yet have disovered this right. Maybe I am not reading in depthly enough, but I do not see how the 14th amendment grants the right of abortion.
cskirk 3 years ago 14
Well I don't know about some of the other stuff by Bork was certainly right on Roe v. Wade.
JohananRaatz 3 years ago 7