>-----Original Message-----
>From: John W. Redelfs [mailto:[EMAIL PROTECTED]
>Sent: Tuesday, March 23, 2004 2:18 PM
>Subject: [ZION] Activist Judges
>RB Scott wrote:
>>I'm growing weary of the tiresome assumption that "activist
>>judge" is a negative description. By definition any appellate
>>judge worth his gavel is an "activist judge" because
>he is often
>>asked to interpret constitutional law.  I daresay that
>one man's
>>"activist judge" is another's "strict constitutionalist."  I
>>recommend the following: instead of tossing about meaningless
>>catch phrases, spend more time explaining what you mean,
>>demonstrating why a particular court's decision violates the
>>spirit and intent of the U.S. Constitution.
>An "activist" judge is one that overturns precedent,
>common law, and common
>sense in his interpretation of the Constitution.  In
>doing this he
>establishes precedent which is not the job of a judge.
>A judge is to
>judge, not create new law.  --JWR

Surely you recognize the "subjective" nature of such actions: his
interpretations may not be yours.  Insofar as precedents are
concerned in the current thorny matter, it seems there are plenty
of related common law precedents in Utah.

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