xenologer: (prophet)
So. I hear a lot about "activist judges" who "legislate from the bench" and take away the right of The People to take charge of the laws of the land. "Activist" judges are gonna be the downfall of our system if you ask the right people.

Trouble is, I'm not sure what these people want the judiciary to do instead.

So let's go through a very basic remedial civics lesson. There are people I know online who have a much deeper knowledge base than I've got at my command, so if they come in and say I'm wrong, you should listen to them. But based on what I learned in high school, this is how things work. The legislature (that means the House of Representatives and the Senate) makes law. The executive branch (that's the President and the people working under him) enforce the law. The judicial branch (courts and judges) interprets law and legal precedents. Since 1803 this has included doublechecking them against the Constitution to make sure they're okay laws in the first place. This, along with what scraps I remember from my high school government course, is the core of my knowledge here.

Now let's take an example and see what happens... )
xenologer: (prophet)
So. I hear a lot about "activist judges" who "legislate from the bench" and take away the right of The People to take charge of the laws of the land. "Activist" judges are gonna be the downfall of our system if you ask the right people.

Trouble is, I'm not sure what these people want the judiciary to do instead.

So let's go through a very basic remedial civics lesson. There are people I know online who have a much deeper knowledge base than I've got at my command, so if they come in and say I'm wrong, you should listen to them. But based on what I learned in high school, this is how things work. The legislature (that means the House of Representatives and the Senate) makes law. The executive branch (that's the President and the people working under him) enforce the law. The judicial branch (courts and judges) interprets law and legal precedents. Since 1803 this has included doublechecking them against the Constitution to make sure they're okay laws in the first place. This, along with what scraps I remember from my high school government course, is the core of my knowledge here.

Now let's take an example and see what happens... )
xenologer: (prophet)
So. I hear a lot about "activist judges" who "legislate from the bench" and take away the right of The People to take charge of the laws of the land. "Activist" judges are gonna be the downfall of our system if you ask the right people.

Trouble is, I'm not sure what these people want the judiciary to do instead.

So let's go through a very basic remedial civics lesson. There are people I know online who have a much deeper knowledge base than I've got at my command, so if they come in and say I'm wrong, you should listen to them. But based on what I learned in high school, this is how things work. The legislature (that means the House of Representatives and the Senate) makes law. The executive branch (that's the President and the people working under him) enforce the law. The judicial branch (courts and judges) interprets law and legal precedents. Since 1803 this has included doublechecking them against the Constitution to make sure they're okay laws in the first place. This, along with what scraps I remember from my high school government course, is the core of my knowledge here.

Now let's take an example and see what happens... )

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