Unformatted text preview: Argument from democracy (1) In a democracy, the people make the laws through their elected legislators (2) The proper role for a judge (including Supreme Court justice) is to apply the laws the people have made (3) This holds true only under originalism. All other theories give judges power to make law. (4) Originalism is the only theory of interpretation appropriate to a democratic society. The judges are elected, in part to decide hard cases (according to the principles they find in the laws)...
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This note was uploaded on 04/21/2008 for the course PHL 227 taught by Professor Richards during the Spring '08 term at Alabama.
- Spring '08