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- Xref: sparky misc.legal:23114 alt.censorship:10075 alt.society.civil-liberty:7486 alt.politics.usa.constitution:1537
- Newsgroups: misc.legal,alt.censorship,alt.society.civil-liberty,alt.politics.usa.constitution
- Path: sparky!uunet!usc!sol.ctr.columbia.edu!eff!mnemonic
- From: mnemonic@eff.org (Mike Godwin)
- Subject: Re: Shouting "Movie!" at a Fire Station (Schenck v US)
- Message-ID: <1993Jan22.122739.19566@eff.org>
- Originator: mnemonic@eff.org
- Sender: usenet@eff.org (NNTP News Poster)
- Nntp-Posting-Host: eff.org
- Organization: Electronic Frontier Foundation
- References: <1993Jan21.040853.28616@ucsu.Colorado.EDU> <1993Jan21.113431.24288@eff.org> <1993Jan22.015306.18170@ucsu.Colorado.EDU>
- Distribution: usa
- Date: Fri, 22 Jan 1993 12:27:39 GMT
- Lines: 44
-
- In article <1993Jan22.015306.18170@ucsu.Colorado.EDU> fcrary@ucsu.Colorado.EDU (Frank Crary) writes:
-
- >That really just hides the question: If you insist on refering
- >to everything from defining minor terms and specifying slightly vague
- >phrases to completely repealing statutes as "making law", then
- >you are simply side-stepping the issue.
-
- Whether a term is "minor" or not itself reflects a subjective judgment.
-
- >To what extent can
- >judges "make law" (to use your hopelessly unclear terminology)?
- >I hope you will agree that a judge can not simply invent, out
- >of nothing, a law to fit the circumstances.
-
- Did you not know that virtually all of the law of torts and contracts
- was invented by judges?
-
- >I'm afraid I'm not familiar with English law. I'm quite sure _some_
- >of the framers wanted to give the federal courts less power than
- >the English courts (since several of the framers didn't want a
- >federal court system at all.)
-
- It's true that the federal courts were (and are) intended to be courts of
- limited jurisdiction. But included in that limited jurisdiction is the
- power to make law.
-
- >Since my conclusion was based on the text of the Constitution, and
- >the definition of "legislative power", and not any result, I don't
- >see why you say this.
-
- It is disingenuous for you to claim you are not after a particular result
- in your interpretation. The result you are after is an interpretation of
- the Constitution that allows you to condemn judges.
-
-
- --Mike
-
-
-
- --
- Mike Godwin, |"I'm waiting for the one-man revolution
- mnemonic@eff.org| The only one that's coming."
- (617) 864-0665 |
- EFF, Cambridge | --Robert Frost
-