Quote of the day–Robert Bork

In a constitutional democracy the moral content of law must be given by the morality of the framer or legislator, never by the morality of the judge.


Robert Bork
Speech
American Enterprise Institute, 1984
[The dissent in the McDonald case does not seem to have adhered to this principal or if they did they were living in an alternate reality.–Joe]

2 thoughts on “Quote of the day–Robert Bork

  1. ??? I do not understand what you are saying, nor do I understand what Bork was saying. Care to explain?

  2. Sorry, my words were managed. I’ve corrected them. That should help some.

    The essence of what Bork is saying is that it is not up to the judge to judge the case in terms of his or her own morality. The job of the judge is to consider what the law and the constitution are and were intended when written.

    For example, the marriage of homosexuals was not intended to be part of the marriage law when written. Hence finding a right for them to marry in the law is a stretch beyond its original intent. This does not mean that legislation could not be passed the explicitly enables such marriages unless the Constitution somehow prohibited it. In which case a constitutional amendment would be required.

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