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Best of: Why America's obsession with rights is wrong
The Gray Area with Sean Illing
How Much Control Do Courts Have Over Our Political Life?
The Constitution only goes so far. We have a very spare, very short Constitution. And so we have to figure out what is the role of judges when it's clear texts runs out. Part of the reason why Justice Scalia says courts can't have discretion and he says this quite explicitly on a number of occasions is because that would make them less valuable. Why give questions to courts? If there's not a firm settled law that tells courts exactly what to do, why not just leave it to politics?
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