Re:Supreme Court expands meaning of 'seizure' under 4th Amen...
by zamfi on Friday March 26, 2021 @02:26AM
(#26589297)
Historically in the US, the judiciary has interpreted laws, and those interpretations are codified as case law and create precedents that bind future court actions in many, if not most, cases.
We could argue about scope, but we can’t really argue about whether the power exists. And that’s to say nothing of SCOTUS, which gets to interpret complex notions like “freedom”, “liberty”, “search”, “privacy” and so forth as used in the constitution, laws passed by congress, etc.
Re:Supreme Court expands meaning of 'seizure' under 4th Amen...
by JumpCrisscross on Friday March 26, 2021 @02:33AM
(#26589331)
Correct, common law courts make law. That doesn't mean they decide if a thing is right or just or moral or okay. Coloring within the lines versus drawing new ones. The boundary is blurry. But blurry doesn't mean nonexistent.
Through delegated lawmaking. When agencies overstep those boundaries, the courts have been more than happy to strike them down.
And to be fair, my statement should have included the executive. It should not include the judiciary, who have a more limited--albeit equally powerful--role in our government.