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Oh my, Hamas
Message
De
16/02/2006 13:28:57
 
 
À
16/02/2006 11:00:32
Information générale
Forum:
Politics
Catégorie:
Autre
Titre:
Divers
Thread ID:
01091111
Message ID:
01096830
Vues:
19
>>....especially the courts, which conservatives love to malign....
>
>Only when they make up their only rules and legislate from the bench. Isn't that what congress is for?

The role of the courts is to interpret the law. That means that sometimes, they're going to say that a law passed by Congress is unconstitutional and sometimes they're going to say that the law must provide certain things.

Some examples of the latter that I think few of us would disagree with:

Brown vs. Board of Education (1954)--the court ruled that "separate but equal" schools were inherently not equal and that legally segregated schools must end.

Miranda--the court ruled that people arrested must be informed of their legal rights.

Gideon--the court ruled that criminal defendants must be provided with counsel.

Were these legislating from the bench or interpreting the law?

Tamar
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