Patently-O Bits and Bytes by Juvan Bonni

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    Prof. Michaels’ December write-up has at least one glaring omission in its discussion of Separation of Powers and judicial activism:

    A discussion of various forms (differences in degree and differences in kind) of aw writing using the t001 of Common Law.

    There is a conclusion NOT proposed (that should be proposed): that the court itself is acting in an unconstitutional manner. The reasoning to this conclusion is in the understanding that the court has indeed legislated from the bench and rewritten law, as opposed to ANY sense of ‘fill in the gap’ interpretation.

    The Rule of Law, and Checks and Balances, is NOT just for the judicial branch to correct the other two branches.

    The judicial branch is NOT above the Constitution, and is itself subject to the same understanding that we have set out a government of limited and enumerated powers.

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