3 ms·

Yes but it's still not the job of the judges to do that for them.

suburban_strike 8d ago
Our judicial system is modeled after Judaic precepts (shoftim/shotrim/shomrim) outlined in Deuteronomy 16:18. There, shoftim refers to judges who interpret and apply the law, requiring deep literacy in the Torah to ensure righteous judgment without favoritism or bribery. Shotrim are the enforcers of the court (sheriffs, etc.). I don't know where people get the idea that the role of a judge is not to interpret the law. This is literally the only thing SCOTUS does.
- bluecalm 8d ago
  It's their job to interpret but not to invent new laws or ponder which laws "make sense". In particular just because it "makes sense" to extend 4th amendment reading doesn't justify judges just going for it. That would be legislating from the bench.
  - fn-mote 7d ago
    And this is a particular opinion you hold, not necessarily an agreement in the community / nation or even a belief of the legal system about itself.
    - hdgvhicv 7d ago
      Fortunatly there are ways to codify the agreement of the community/nation through the passage of laws and constitutional amendments. Something the US fails to do, as it’s more convenient politically to allow the judges to do it.
  - krapp 7d ago
    Every time SCOTUS makes a decision they invent new laws or nullify existing laws. Every case they take is a question about whether certain laws "make sense," and that determination is based entirely on learned, but subjective, personal opinion. Take for example laws which depended on Roe V. Wade being a Constitutional right no longer existing, and laws created after that right was repealed, because said right didn't make sense to the current Justices (despite being established law for nearly 50 years.) Did the wording of the Constitution change over those intervening years? No. Justices who agreed that Roe was a right died or retired, and were replaced by justices who disagreed, and the Constitution means whatever a majority of Justices say it does. Or the Supreme Court deciding that the 2nd Amendment's definition of "militia" included every American citizen, thus creating a right to personal firearm ownership where none existed before. Or more accurately, the Constitution means whatever a majority of Justices decide that the hypothetical ghosts of the Founding Fathers, if summoned into a pentagram, would themselves decide. It just happens to be the case that the original intent of the Founding Fathers always correlates to the political bias of the majority. Crazy how that works. And of course the Supreme Court's power of judicial review itself was never granted by the Constitution. They just made it up because it made sense to them.
- onjectic 7d ago
  > Our judicial system is modeled after Judaic precepts (shoftim/shotrim/shomrim) outlined in Deuteronomy 16:18. This does not appear to be true. “Judicial” is etymologically unrelated to “Judaic” fyi.

Our judicial system is modeled after Judaic precepts (shoftim/shotrim/shomrim) outlined in Deuteronomy 16:18. There, shoftim refers to judges who interpret and apply the law, requiring deep literacy in the Torah to ensure righteous judgment without favoritism or bribery. Shotrim are the enforcers of the court (sheriffs, etc.). I don't know where people get the idea that the role of a judge is not to interpret the law. This is literally the only thing SCOTUS does.

bluecalm 8d ago
It's their job to interpret but not to invent new laws or ponder which laws "make sense". In particular just because it "makes sense" to extend 4th amendment reading doesn't justify judges just going for it. That would be legislating from the bench.
- fn-mote 7d ago
  And this is a particular opinion you hold, not necessarily an agreement in the community / nation or even a belief of the legal system about itself.
  - hdgvhicv 7d ago
    Fortunatly there are ways to codify the agreement of the community/nation through the passage of laws and constitutional amendments. Something the US fails to do, as it’s more convenient politically to allow the judges to do it.
- krapp 7d ago
  Every time SCOTUS makes a decision they invent new laws or nullify existing laws. Every case they take is a question about whether certain laws "make sense," and that determination is based entirely on learned, but subjective, personal opinion. Take for example laws which depended on Roe V. Wade being a Constitutional right no longer existing, and laws created after that right was repealed, because said right didn't make sense to the current Justices (despite being established law for nearly 50 years.) Did the wording of the Constitution change over those intervening years? No. Justices who agreed that Roe was a right died or retired, and were replaced by justices who disagreed, and the Constitution means whatever a majority of Justices say it does. Or the Supreme Court deciding that the 2nd Amendment's definition of "militia" included every American citizen, thus creating a right to personal firearm ownership where none existed before. Or more accurately, the Constitution means whatever a majority of Justices decide that the hypothetical ghosts of the Founding Fathers, if summoned into a pentagram, would themselves decide. It just happens to be the case that the original intent of the Founding Fathers always correlates to the political bias of the majority. Crazy how that works. And of course the Supreme Court's power of judicial review itself was never granted by the Constitution. They just made it up because it made sense to them.
onjectic 7d ago
> Our judicial system is modeled after Judaic precepts (shoftim/shotrim/shomrim) outlined in Deuteronomy 16:18. This does not appear to be true. “Judicial” is etymologically unrelated to “Judaic” fyi.