4 ms·
The constitution is not a suicide pact; that is the whole reason for the judiciary: to interpret laws. I would be very surprised if any reasonable lawyer (never
by goodcanadian 6y ago
The constitution is not a suicide pact; that is the whole reason for the judiciary: to interpret laws. I would be very surprised if any reasonable lawyer (never mind a judge) read the Sixth Amendment and concluded that it was the framers' intent that people could not legally be prosecuted if they committed a crime in such a region.
As for the court's power to overrule, and to a certain extent, create law, that goes back to English common law and predates the US Constitution significantly.
- ghaff 6y agoThere was a prior case where a guy shot an elk in this area and he raised this "bug" with the judge. But he ultimately got a plea deal with the agreement that he wouldn't appeal. So it's not totally ridiculous but presumably the combination of I imagine the plea not being too onerous and at least some fear he could lose made it not worth pursuing.