C_Clayton_Jones
Diamond Member
Yes, but our laws are made by majority vote. the constituion was ratified by majority vote, the congress makes laws by majority vote, we select our representatives by majority vote.
the judicial branch exists to enforce the laws that WE make, not to make their own, or to interpret those which have been made.
When judges begin to "interpret" thats when the trouble starts.
You couldn't be more wrong. Interpreting the Constitution is a function of the Judicial branch.
Exactly who is it you think is supposed to interpret the Constitution in gray areas if not the Judicial branch?
there are no gray areas in the constitution, it is literally crystal clear. The founders drafted a marvelous document, there are no gray areas except in the minds of those who choose to ignore parts of it.
The Constitution exist only in the context of its case law; but thats not in the Constitution is an ignorant and failed argument.
The doctrine of judicial review affords the courts the authority to determine what the Constitution means, this fundamental tenet of Anglo-American judicial tradition was accepted and understood since before the advent of the Republic, it was incorporated into the very fabric of the Republic with the primacy of the rule of law, and is recognized by judges and justices today where persons in every generation can invoke [the Constitutions] principles in their own search for greater freedom, including same-sex couples.