Friday, June 05, 2009

The judicial Power of the United States, shall be vested in one supreme Court...

If I hear one more bloviating talking head say that the function of the judiciary is to "interpret" the law rather than to "make" law, I am going to scream.

You will notice that no such language is found in Article III. The constitution refers to the judicial power. While it does not define the term, the framers were conversant with and quite reasonably established a COMMON LAW country. In a common law system, judges make law EVERY DAY. Period.

1 comment:

I'm Not Ned said...

And how do the talking heads address the issue of Bush's "signing statements"??? He gets the power of the legislature and the executive office in addition to appointing the judiciary. Sounds like he's was either a dictator or needs a cape.