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Dems & Libs - Legislating from the bench

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View Postdefine "legislating from the bench" please

 

 

that would be beneficial for a meaning discussion,

activist judge seems to be loosely defined as "a political ideology I don't agree with".

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No, but I expect nothing less from the President. We'll just be talking another step towards our destination.

 

I heard Charles Krauthammer maeka statemetn about Obama's desire to name a justice who "felt the pain of the people" or something... his cut was that the time and place to consider the impact of legislation on the public was in the legislature, if said legislation was under consideration by the Courts, there should be no consideration of how it affected the public, or its popularity, only its constitutionality.

 

I'd say that is my definition of the difference between ruling on the constitutionality of a piece of legislation and legislating from the bench.

 

Jeff B.

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Of course you 're not going to have a decision soley based on "empathy", it is the mindset of what President Obama intends to appoint to the bench that is disturbing to me;

 

And as he did during the campaign, Obama added this qualification: empathy.

"I will seek someone who understands that justice isn't about some abstract legal theory or footnote in a casebook; it is also about how our laws affect the daily realities of people's lives, whether they can make a living and care for their families, whether they feel safe in their homes and welcome in their own nation," Obama said. "I view that quality of empathy, of understanding and identifying with people's hopes and struggles, as an essential ingredient for arriving at just decisions and outcomes."

 

This transgresses the application of the Constitution to he legislation under review. It imputes a role that becomes a guide to society based on that justices belief system. The place to consider the items Obama references is in the Congress, when legislation is "crafted" (or the sausage is made). The courts exist not to rule according to the perceived needs, wnats or best interest of the people, but on the legality of a law under the view of our founding documents, i.e., The Constitution.

 

JEff B.

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i agree that if you decide a case's outcome and justify it in the decision using feelings and empathy, then yes, it's not a good decision.

 

judges are human beings, and I think Obama is smart to play on that aspect in light of decisions like Kelo.

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View PostI dont think it needs to be defined - you two especially know what it means as it has been discussed several times on here.

 

in other words, "I'll know it when I see it"?

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View PostI dont think it needs to be defined

 

 

I've also been around long enough that when things AREN'T defined,

and I use a definition you don't approve of,

whining begins.

 

right now we have a VERY activist court that is legislating pro Corporation policy from the bench.

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