Moderator: Dictators in Training
This complete separation of the judiciary from the enterprise of "representative government" might have some truth in those countries where judges neither make law themselves nor set aside the laws enacted by the legislature. It is not a true picture of the American system. Not only do state-court judges possess the power to "make" common law, but they have the immense power to shape the States' constitutions as well. See, e.g., Baker v. State, 170 Vt. 194, 744 A. 2d 864 (1999). Which is precisely why the election of state judges became popular.
Although Justice Stevens at times appears to agree with Justice Ginsburg's premise that the judiciary is completely separated from the enterprise of representative government, post, at 3 ("Every good judge is fully aware of the distinction between the law and a personal point of view"), he eventually appears to concede that the separation does not hold true for many judges who sit on courts of last resort, post, at 3 ("If he is not a judge on the highest court in the State, he has an obligation to follow the precedent of that court, not his personal views or public opinion polls"); post, at 3, n. 2. Even if the policy making capacity of judges were limited to courts of last resort, that would only prove that the announce clause fails strict scrutiny. "If announcing one's views in the context of a campaign for the State Supreme Court might be" protected speech, post, at 3, n. 2, then-even if announcing one's views in the context of a campaign for a lower court were not protected speech, ibid.-the announce clause would not be narrowly tailored, since it applies to high- and low-court candidates alike. In fact, however, the judges of inferior courts often "make law," since the precedent of the highest court does not cover every situation, and not every case is reviewed. Justice Stevens has repeatedly expressed the view that a settled course of lower court opinions binds the highest court. See, e.g., Reves v. Ernst & Young, 494 U.S. 56, 74 (1990) (concurring opinion); McNally v. United States, 483 U.S. 350, 376--377 (1987) (dissenting opinion).
Ginzburgh wrote:Mindia, what day is your baby due? We're having ours in August too.
Ginzburgh wrote:Same here, the date keeps changing. First it was the 17th, now it's either the 7th or the 10th. haha.
7th is our one year wedding anniversary :P
Ginzburgh wrote:Girl. Naming her Hailey Elizabeth Ames.
We've been going to birthing class the last two weeks. Three thursday nights for three hours a class. So brutal. Just a bunch of chicks sitting around talking about how uncomfortable they are.
ClakarEQ wrote:Is this both your first child (I think it is, yes)?
EDIT
First that you're aware of anyway?
Ginzburgh wrote:No, I won't be the manly man in that regard. My wife and I are equal and we're both alpha personalities. So if I had the audacity to tell her I wasn't going to change a diaper because I am a man she'd probably punch me in the nuts and say, "there, now you can change a diaper".
leah wrote:i am forever grateful to my gym teacher for drilling that skill into me during drivers' ed
leah wrote:isn't the only difference the length? i feel like it would take too long to smoke something that long, ha.
Users browsing this forum: No registered users and 15 guests