tag:blogger.com,1999:blog-10407988.post112990339015294213..comments2023-08-05T21:48:58.831-04:00Comments on Philochristos: Conversations with God, part 6Sam Harperhttp://www.blogger.com/profile/15884738370893218595noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-10407988.post-1130837150169205122005-11-01T05:25:00.000-04:002005-11-01T05:25:00.000-04:00Steve,I don't want to get into the whole abortion ...Steve,<BR/><BR/>I don't want to get into the whole abortion issue here. There's too much to cover. But I want to say one thing about Dred Scott. I think the Court decided correctly in Dred Scott. It was not their place to change the law. I think the whole issue was handled correctly. The Legislature changed the law, not the supreme court. The Supreme Court only applied the law.<BR/><BR/>Now of course judicial activism can have good results just as it can have bad results. But that shouldn't be why we are for or against judicial activism. I think we should generally be against judicial activism because it's puts too much power into too few hands. It disrupts the balance of power between the different branches of government. There's a reason why it's so hard for the legislature to pass an amendment. It's because the constitution is the standard by which the Supreme Court is supposed to judge every other law. They can declare some laws unconstitution on the basis that they conflict with the constitution. But they can't very well declare the constitution unconstitutional.<BR/><BR/>SamSam Harperhttps://www.blogger.com/profile/15884738370893218595noreply@blogger.comtag:blogger.com,1999:blog-10407988.post-1130834102584278632005-11-01T04:35:00.000-04:002005-11-01T04:35:00.000-04:00Steve,I guess there's no good solution for Bush. ...Steve,<BR/><BR/>I guess there's no good solution for Bush. The republicans have a majority in the Senate. If he doesn't appoint somebody conservative enough, the conservatives aren't going to approve. That seems to be what the whole controversy surrounding Miers was. But if Bush gives the republicans exactly what they want, the democrats are going to be upset about it. There's no winning.<BR/><BR/>I think it's a shame that it even matters whether a judge is conservative or liberal in their personal opinions. Their job is to interpret the constitution and apply the law to cases. Take the abortion issue for instance. Maybe a judge thinks abortion ought to be legal. But if his reading of the constitution as well as common law indicates that it shouldn't be legal, then he should vote against it, even if he wishes it were legal. It's up to the legislature to make laws, not the supreme court. Their job is to interpret and apply the law. In think Renquist was entirely right in his minority opinion in Roe v. Wade that the distinction made between the three trimesters was a blatant example of judicial legislating. No such distinction had any precedent whatsoever. Roe v. Wade was obviously decided on ideology more than on law.<BR/><BR/>But I live in the real world. I realize a judge's ideology <I>does</I> matter. It affects their interpretation (or construal) of the law. I am pretty strongly pro-life, so I would like to see a pro-life judge appointed. I would like to see abortion become illegal. But some of these other issues I could care less about. I could care less whether we have a copy of the ten commandments in a court room. I especially could care less whether "under God" is in the pledge of allegience. I haven't even said the pledge of allegience in 15 years or so. I'm surprised that so many people expend so much energy on these seemingly unimportant issues. I definitely wouldn't base my opinion of any nomination on those issues.<BR/><BR/>SamSam Harperhttps://www.blogger.com/profile/15884738370893218595noreply@blogger.comtag:blogger.com,1999:blog-10407988.post-1130809100603052512005-10-31T21:38:00.000-04:002005-10-31T21:38:00.000-04:00Steve, I don't know anything about Alito. I'll h...Steve, I don't know anything about Alito. I'll have to read up on it. What's your take?Sam Harperhttps://www.blogger.com/profile/15884738370893218595noreply@blogger.comtag:blogger.com,1999:blog-10407988.post-1130790144938906272005-10-31T16:22:00.000-04:002005-10-31T16:22:00.000-04:00Weird.Weird.daleliophttps://www.blogger.com/profile/14533665826521400068noreply@blogger.comtag:blogger.com,1999:blog-10407988.post-1130790063759423442005-10-31T16:21:00.000-04:002005-10-31T16:21:00.000-04:00I noticed that, too. Weird.I noticed that, too. Weird.Sam Harperhttps://www.blogger.com/profile/15884738370893218595noreply@blogger.comtag:blogger.com,1999:blog-10407988.post-1130785073089694342005-10-31T14:57:00.000-04:002005-10-31T14:57:00.000-04:00Weird, on the main page it says Conversations with...Weird, on the main page it says Conversations with God Part 3 has 6 comments, but when you click on it, there are only 5 comments inside.daleliophttps://www.blogger.com/profile/14533665826521400068noreply@blogger.com