It's the Court's enumerated duty to decide what the Constitution says. Doing that is the exact opposite of being activist. Being activist is going beyond the Constitution, such as saying the Constitution guarantees a right to privacy (as in Roe vs. Wade). The Constitution says no such thing.
(That said, before I get attacked, let me say that I believe we have a basic human right to privacy and that there should be a Constitutional amendment to that point.) H. -----Original Message----- From: Lon Lentz [mailto:[EMAIL PROTECTED]] Sent: Tuesday, November 13, 2001 9:36 AM To: CF-Community Subject: RE: Bush Wins! I don't understand your point. The case was appealed to the US Supreme Court to rule on a judgement by the Florida State Supreme Court. The federal Supreme Court did not reach down and grab it. But I do agree with you that this was a state's issue. However, when the appeal went to the US Supreme Court, they asked the Florida court to better explain their reasoning behind their decision. They did not do this. Had the state court justified its legal decision to the federal court, they never would have made the final ruling. They would have left it in the hands of the state Supreme Court, who would have been overruled by the decision of Congress. And as to an activist court, I would say that since the day the US Supreme Court decided it had the authority to decide the constitutionality of laws, there by defining what the Constitution really says, it has been activist. -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] Sent: Tuesday, November 13, 2001 1:26 AM To: CF-Community Subject: RE: Bush Wins! <snip> In Gore vs. Bush (or was it Bush vs. Gore) I believe the Court's biggest non-conservative moment came in stepping in to decide what was essentially a state's-rights issue. It wasn't a federal issue. There was no federal issue at stake. So you had this court, in straight-faced irony, throwing out cherished conservative principles -- deciding law and butting into a state issue, being down right activist. <snip> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Get the mailserver that powers this list at http://www.coolfusion.com Archives: http://www.mail-archive.com/[email protected]/ Unsubscribe: http://www.houseoffusion.com/index.cfm?sidebar=lists
