Judges Make Law and have for Centuries
Folks, Judges have been making law for hundreds of years. It is called common law. Common law is law that has been developed through the years by consideration of prior rulings on other cases similar in nature. When there is no prior law on a subject, judges still use prior court cases to guide them in their decisions. This is called precedent. Judges look at all kinds of things to help them, including life experiences and common sense. One cannot judge without common sense. And sometimes I don’t agree with someone else’s common sense even though I can recognize his point. Things are not as clear cut as so many want to make us believe. Our own personal history gives us our own personal insights that others may be lacking. I don’t agree with the idea that ones personal insights are better than someone else’s but the diversity of thought on a panel of judges will be better than with those expanded views.
I was watching Fox News tonight, would have been the morning in the USA The bony blond bimbo with her implants is spouting off on just this subject. Acting as if it was a fact that judges are not to make law. Any 
lawyer knows full well that judges to create new law. But this bimbo while acting as if shes above and smarter than all of us that voted for Obama said something like “see people, your votes have consequences.” Duh, I needed her to tell me that? She’s been so brain washed by the Fox Lies that she actually believes them.
The right as this mob mentality thing going on, they sit around, say something that sounds good then all chuckle to themselves how stupid the left. I hate to even use the terms left and right because those on the right are not on the right. When it comes to social matters they are extremely liberal. They want the government involved and they want it to tell the rest of us how to live. Most are well meaning people but they border on delusional.
But back to the law, we generally want to see our courts make small steps, that’s what judicial restraint means. Its rare that the court will reverse itself. It happens but its rare. Judicial restraint recognizes that the status quo is protected and change comes slow. Changing what has worked for years is probably not broken so be careful what you change. Restraint yes but Judges make laws.
Legislature makes statutory law. When the statute is not clear or no statute seems to apply that’s what the judges get paid for this is what separates the meek from the great legal minds. Lawyers dream of setting president before the supreme court. Few ever achieve it but that’s the super bowl of the practice of law.
This is a smoke screen for the Republicans to act as if they’ve exposed some great evil, gasp, the setting of precedent or the creation of law by a court. Courts do create law. Why do people seem to be afraid to say that? I hope Sotomayor will have the guts to say it. I wish Obama would say it. Why are the democrats afraid to challenge the Republicans that make this claim? Because of the rights smoke screen and lies that courts don’t make law. Quite frankly that idea is absurd and don’t let anyone tell you otherwise!
Filed under: US Politics
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Common law is the fairly humanly enforcable portion of the Ten Commandments. Judges are not to make law from the bench. 99% of all such “law” made that way is in fact in criminal violation of the Constitution. There ARE absolutes which do not require anyones version of “common sense” to understand and one is the true Common Law which supercede’s all man made legislation and even the Constitution as the Constitution was formed for the pourpose of attempting to safeguard the absolute principles of true Common Law.
Making and interpriting “law” from the bench violates the constituion, the Common Law and GOD’s LAW and in the end it winds up being fascism. “Left” and “right” are both the same just wearing different masks and they are run by the same offshore banks. Obama is just another puppet to distract the suckers while him and his chronies make “law” from the bench that guts our country.
P.s. By the way I am here in the Philippines too because there is more freedom here than in America thanks to people who think judges have the right to make “law” like little gods and condone/assist the swarm of tyrant/parasites that are feeding on our Republic.
P.p.s. Also the Internal Revenue Service is a completely illegal extra-governmental entity that works for the PRIVATE extra-governmental Federal Reserve. It makes Americans into slaves by taxing the work of their hands and everything they own and it ruins peoples lives who have never harmed anyone over the “precedent” of Caesar’s greed. Those who work for it are guilty of TREASON and should repent immediately.
Hmm, my comment didn’t appear, I wonder why. Cant suppress me here jack, I will teach all that will that will listen about why the uSA went wrong and many will hear. Have you chosen your side? GOD IS seeing in black and white and the Great Tribulation is on the doorstep. Be loyal to GOD over all Earthly nations and we will be brothers, or not.