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This page contains all of the posts and discussion on MemeStreams referencing the following web page: Legislating from the bench. You can find discussions on MemeStreams as you surf the web, even if you aren't a MemeStreams member, using the Threads Bookmarklet.
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Legislating from the bench
by Decius at 1:27 pm EST, Feb 2, 2006 |
The ironies abound. If this is how defenders of the NSA program must proceed in order to argue for its legality, they well fit the caricature of judicial activism that generations of conservatives have tarred liberals with when liberals argue for extensions of civil rights and civil liberties protections. That is, instead of being constrained by law in the first instance, defenders argue that a program would be good policy and therefore strain to find that it is not illegal or unconstitutional.
The conservative infighting begins. |
Legislating from the bench
by ubernoir at 1:37 pm EST, Feb 2, 2006 |
The ironies abound. If this is how defenders of the NSA program must proceed in order to argue for its legality, they well fit the caricature of judicial activism that generations of conservatives have tarred liberals with when liberals argue for extensions of civil rights and civil liberties protections. That is, instead of being constrained by law in the first instance, defenders argue that a program would be good policy and therefore strain to find that it is not illegal or unconstitutional.
The conservative infighting begins.
[the law] offers us a place to stand when we object to the aggrandizement of power by those who are utterly convinced that they come to us as saviors. For many years conservatives warned us about would-be saviors of the left, who would sweep away legal restraints to pursue their vision of a just society. It is time to stand up to the would-be saviors of the right, who seek to concentrate unaccountable power in order to pursue their vision of national security.
nicely put |
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