Wednesday, November 16, 2005
Joint Strike Weasel thinks I was making fun of him (or his hat) in my previous post. Sorry Ivan, I wasn’t referring to anyone in particular, just the general state of things. And I wanted to mention that P.J. O’Rourke is still alive. Wait, I forgot to mention that. He is.
On the other hand, he apparently thinks we’re interesting enough to read, so that’s a plus. As to the issue of this blog being possibly more political than legal, well, I can only argue that often times the issues intersect to a great deal, as with the Alito nomination. There’s also the fact that a lot of our laws are made by politicians, which I personally see as very consistent with the Fed-Soc’s purpose. We may disagree as to which politicians at which level, but rule by judges is, I would think, I pretty common distaste. It is simply too hard and too tunnel-visioned to draw the line, something I have a hard time with. Kind of like Congress (and the Court for that matter) and the Commerce Clause.
Hah, thanks Jason. I'm glad I'm not the only dork in a hat getting on your nerves.Post a Comment
I think you're right to a certain extent, in the difficulty of separating the legal from the political; there is a line in there, though. My post was just my reaction, not criticism. It seems like there's a lot of good stuff going on here.
As for rule by judges, I still don't know where I stand there. I mean, judges make rules, it's what they do. Most of what we're doing this year is learning the rules that they made and how they applied them. The term 'activist judge' these days just seems to mean 'a judge with whom I disagree.' In Constitutional Law, unless you're a Thomist (Thomasist?), you think judges need to make law. The Constitution is not a simple thing; there's no easy reading of it. The debate tonight proved it (and your comments on that idiotic spectacle were right on, by the way). What does commander-in-chief mean? What does war mean, for that matter? How much authority can Congress delegate? How could we know these things without judges to tell us? And when they do tell us, can we call it anything but judge-made law?
Anyway, keep up the good work. And for other readers, do come check us out at the Weasel. I'm the only wacko liberal over there, and have two conservatives to keep my flights of relativist fancy in line.