NationStates Jolt Archive


NationStates guilty of believing myth that courts make law

Quamia
01-05-2006, 21:37
I nominated a Supreme Court justice for my nation who favors morality. When I looked at my updated nation, it said, "the judicial system legislates morality."

This is a lie. The courts do not make law, and NationStates should not promote the myth that they do. Many people think "Roe v. Wade" "legalized" abortion; while in fact the first sentence of the Constitution states, "All legislative powers herein granted shall be vested in a Congress of the United States." The Supreme Court cannot make a new law.

Therefore, I strongly advise the managers of NationStates to immediately fix the system so that it does not say the judiciary has any power to legislate, as it promotes an evil myth that is tyrannizing America.
Gruenberg
01-05-2006, 21:41
I nominated a Supreme Court justice for my nation who favors morality. When I looked at my updated nation, it said, "the judicial system legislates morality."

This is a lie. The courts do not make law, and NationStates should not promote the myth that they do. Many people think "Roe v. Wade" "legalized" abortion; while in fact the first sentence of the Constitution states, "All legislative powers herein granted shall be vested in a Congress of the United States." The Supreme Court cannot make a new law.

Therefore, I strongly advise the managers of NationStates to immediately fix the system so that it does not say the judiciary has any power to legislate, as it promotes an evil myth that is tyrannizing America.
All of that's about America, not Quamia. You quoted a constitution that applies to America, not to your nation. In your nation, obviously the Supreme Court can legislate morality.
The Most Glorious Hack
02-05-2006, 04:41
it promotes an evil myth that is tyrannizing America.Enough hyperbole.
Kazecistan
03-05-2006, 01:59
Furthermore, the terminology used does not necessarily mean that the court is actually drawing up legislation and bills then passing them. As was determined in the 2005 NFL (National Forensics League) topic on Judicial Activism, 'legislating from the bench' refers to making such 'radical' decisions as would create new legal president. While a court cannot defy a written law, if no law forces a specific course of action, the court has leeway to make any decision it deems just. Once a new legal precedent is made (through a court ruling where their is no solid law) future courts use that as well as congressional law do make their decisions. It is 'practically' writing new law, not literally, and is fully constitutional.

No bug, even if it was America.