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> You are quoting someone, but I want to add on that "legislate from the bench" is a phrase that is invoked when the speaker doesn't agree with an outcome but n
by amadeuspagel 6y ago
> You are quoting someone, but I want to add on that "legislate from the bench" is a phrase that is invoked when the speaker doesn't agree with an outcome but never when they agree with an outcome. It means nothing.
I like the outcome of Roe v. Wade but see it as an example of legislating from the bench.
- lordnacho 6y agoThere's also nothing wrong with that. The distinction between the different branches creating law is pretty vague. If congress makes a law and the court strikes it down, are they "legislating from the bench"? Or are they merely pointing out that the new law is incompatible with the rest of the laws? The quote is right, law isn't just whatever the congressmen decide.
- rubyist5eva 6y ago> law isn't just whatever the congressmen decide That's what it should be and was intended to be by the Founding Fathers. When the judiciary strikes down an unconstitutional law, it is supposed to exactly be because it is not compatible with existing laws or the constitution. 100%. “A law repugnant to the Constitution is void. An act of Congress repugnant to the Constitution cannot become a law. The Constitution supersedes all other laws and the individual’s rights shall be liberally enforced in favor of him, the clearly intended and expressly designated beneficiary.” –Marbury v. Madison, 5 U.S. 137 (1803)