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Thread: How should a justice vote?

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    How should a justice vote?

    It is a point often overlooked by the left--or, at least, glossed over--but I really cannot imagine a more important question, viz.:

    Should a Supreme Court justice vote according to the results that he (or she) desires, or according to his (or her) understanding of the Constitution?

    The problem with the former, I believe, is that it treats the SCOTUS as some form of superlegislature: Whatever liberals cannot accomplish through the Congress, they can probably get through judicial activism.

    In my opinion, a Supreme Court justice--if he or she is any good--will sometimes vote for an obviously bad result, if that means upholding the Constitution.

    Thoughts?

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    The latter, "according to his (or her) understanding of the Constitution," and according to his/her understanding of precedence, and with an aim of adjudicating constitutionality, not legislating law.
    Edmund Burke: "In vain you tell me that Artificial Government is good, but that I fall out only with the Abuse. The Thing! the Thing itself is the Abuse!"

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    The latter, and no I am not writing that just to agree with everyone else.

    As has been stated in the past by so many a the legislators job is to legislate the judicial to adjudicate. It is always best for one branch of government not to interfere into the jurisdiction of another branch.

    If the legislature does not like the ruling of the judiciary on a certain matter they can rewrite the law to cure the defects pointed out by the court, but the court should never take it upon themselves to rewrite legislation. Just rule on the facts and issues presented with no emotion.
    I swear by my life and my love of it that I will never live for the sake of another man, nor ask another man to live for mine.
    Atlas Shrugged (Part 3, Chapter 1, Page 731)

    "The man who speaks to you of sacrifice, speaks of slaves and masters. And intends to be the master."
    The Fountainhead (Part 4, Chapter 14, Page 637)

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    Neither. A justice should vote based on what the Constitution says. If there is an ambiguity look to case law, but always look back to the intent of the drafters.

    I suspect the leftists on the Court think they are following the Constitution as they understand it.
    Molon labe
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    Quote Originally Posted by Peter1469 View Post
    I suspect the leftists on the Court think they are following the Constitution as they understand it.
    But should major decision be dependent on the reading comprehension skills of those on the left?
    I swear by my life and my love of it that I will never live for the sake of another man, nor ask another man to live for mine.
    Atlas Shrugged (Part 3, Chapter 1, Page 731)

    "The man who speaks to you of sacrifice, speaks of slaves and masters. And intends to be the master."
    The Fountainhead (Part 4, Chapter 14, Page 637)

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    Here is an example of a SCOTUS ruling that had a very beneficial effect, in my opinion--but was really not grounded in the Constitution:

    In Loving v. Virginia--just over 50 years ago--the High Court ruled that interracial couples may marry.

    And that was very beneficial, in my opinion. (I can see no moral or practical reason why they should be prohibited from doing so.)

    But I can see no Constitutional reasoning to back this up.

    The same may be said for Roe v. Wade.

    And for Griswold v. Connecticut (which really provided the predicate for Roe).

    Again, I would much prefer to look to the Constitution--without any regard for what I might consider the better result...
    Last edited by pjohns; 07-11-2018 at 12:35 PM.

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    Roe v Wade followed neither Constitution nor precedence. The penumbral right of privacy was pulled out of thin air.
    Edmund Burke: "In vain you tell me that Artificial Government is good, but that I fall out only with the Abuse. The Thing! the Thing itself is the Abuse!"

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    Quote Originally Posted by Chris View Post
    Roe v Wade followed neither Constitution nor precedence. The penumbral right of privacy was pulled out of thin air.
    Well they pulled it out of somewhere, not sure it was thin air.
    I swear by my life and my love of it that I will never live for the sake of another man, nor ask another man to live for mine.
    Atlas Shrugged (Part 3, Chapter 1, Page 731)

    "The man who speaks to you of sacrifice, speaks of slaves and masters. And intends to be the master."
    The Fountainhead (Part 4, Chapter 14, Page 637)

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    Quote Originally Posted by DLLS View Post
    But should major decision be dependent on the reading comprehension skills of those on the left?
    We can't do anything about how they decide.
    Liberals are a clear and present danger to our freedom and our society and our morals.

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    Quote Originally Posted by DLLS View Post
    Well they pulled it out of somewhere, not sure it was thin air.
    Shadows?
    Edmund Burke: "In vain you tell me that Artificial Government is good, but that I fall out only with the Abuse. The Thing! the Thing itself is the Abuse!"

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