[PLUG-TALK] Fair Use, etc.

Craighead, Scot D craighead.scot at vectorscm.com
Mon Mar 25 18:20:09 UTC 2002


>Case law is NOT law and NOT constitutional,  as Jeme said 
>too - I agree with him there.

I really agree with Jeff here.  All laws should be in writing so they can be
easily understood by all.  If a judge strikes a law for being
unconstitutional, it should be up to the appropriate legislature to write a
new law.  I dislike judges that want to legislate.  How can people obey the
laws if the lawyers and judges don't even understand them?

>Now;  think about a Supreme court who have a split decision 3-2  on
abortion or something: >The founders are rolling over in their graves-If the
"supreme" judges cannot agree it is a >bad law. See?

I think it was 7-2.  Right now the supreme court is 5-4 in favor of Row v
Wade.  2 of the 5 are old and will probably retire during the Bush
administration.  This means the Row v Wade may be overturned in the next few
years.  I think all hell will break loose when that happens.  Time will
tell.  This is why courts should not write law.  Congress would never have
passed a bill making abortion legal because they would not want to be
accountable to the voters.  Most presidents would not have signed it for the
same reason.  By legislating from the bench, the court made law that most
Americans didn't want.  

At any rate, it should not be this hard to answer a simple question.  Laws
should be in black and white.  The courts have taken power that they should
not have in my opinion.
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