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  #11 (permalink)  
Old 03-16-2008, 01:00 PM
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So, a "judge" (school administrator) inherited the responsibility to clean up the mess. That is, he/she had to decide that the rule meant this, and not that.

What you call "writing law from the bench" is the job of a judge.
If we're going to agree that the School Administrator is the judge in this case (and I have no interest in debating that), then they did not inherit the responsibility to clean up the mess. They simply have the responsibility to see that the mess/law/rule is enforced.
The responsibility to clean up the mess is still with the school board.

Now of course this is a county/municiple issue, but you did insert Justice Scalia into the conversation, so I'll point out that this is exactly what the separation of powers and checks and balances that you liberals are always talking of is all about.
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Old 03-16-2008, 01:40 PM
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They should go no farther than to interpret.
The power to interpret IS the power to write.
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Old 03-16-2008, 02:09 PM
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The power to interpret IS the power to write.
Which is why courts are only supposed to settle disputes based on established, jurisdictional law.
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  #14 (permalink)  
Old 03-16-2008, 02:32 PM
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The power to interpret IS the power to write.
No it isn't. Judges should interpret the law to the extent of ruling on the case. They should not be redefining terms of the law and making it binding. That is the job of the legislature.
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Old 03-16-2008, 10:47 PM
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No it isn't.
Is, too. Is, too. Is, too. :-)

With three independent branches of government, I look at it as akin to "rock, paper, scissors." Any branch can trump the other two, or be trumped by them.

In the case of courts, judges shape the law -- in effect, they write it -- by ruling on cases.
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