RedState.org
On Originalism, Strict Constructionism And Intellectual Honesty
By: Pejman Yousefzadeh · Section: SCOTUS
"In seeking to understand Judge Alito's jurisprudential philosophy as applied to specific cases, commentators will likely discuss one of the few international law cases in which the judge has had a hand; Chen v. Ashcroft, which is discussed at length here. As discussed in the post, the case involved a Chinese couple that wanted to marry but were denied a marriage license by Chinese authorities since they were not of marriageable age. When Chinese authorities discovered that the fiancée was pregnant, they forced her to have an abortion in the eighth month of pregnancy..."
Read it all if you are so inclined, and appreciate the true difficulty one has in being a strict interpreter of the Constitution. It doesn't matter how we'd LIKE the laws to be, what's important is reaching a decision based upon them and not one's feelings, for personal attitudes may differ from judge to judge, but the law remains as written.
This is the concept that turns many liberals into cross-eyed cartoon characters with their heads spinning in funny circles above their narrow little shoulders.
With that in mind just think how downright silly the likes of Chuck Schumer are when they demand that judges be humble and not seek to write their own laws, when the very "laws" he is most likely talking about aren't laws at all but court decisions rendered to circumvent the legislative process.
There is no law, no constitutional amendment that grants anyone the right to abort a fetus, or help endangered frogs hop across state lines, or provide "rights" of privacy, and nothing in the bill of rights mentions sodomy as grounds to obtain a marriage license. There are judicial decisions galore because the socialists masquerading as Democrats have found like-minded judges to eliminate penalties for people doing what used to be considered immoral or illegal.
If the will of the people is constitutional, then by all means write a law that reflects what they so desire. If it is not, or if the people have not been allowed a say in the matter, then we've lost the right to call ourselves a democracy when judges not only call the balls and strikes, but also make up the rules of the game as they go along.
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