PHL 227 4-20

PHL 227 4-20 - Argument from democracy(1 In a democracy the...

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Originalism: the words and phrases in the Constitution should be taken to mean what they would have been understood to mean at the time they were ratified The laws express the majority will (except when that will violates con. rights) That sometimes calls for the judge to apply legislation as is, but other times it calls for the judge to reach a different conclusion that actually does accord with majority will. Argument from the nature of law ^^ (1) a law is a rule that cannot be changed except through prescribed procedures
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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.

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