Opinion Poll: Should Justices participate in writing amendments?

[DaveShack]

This is an opinion poll and is non-binding.

In the coming term, there are 2-3 amendments that we should consider placing before the citizens for ratification.

Should Justices participate in drafting amendments? I see this as a tough question, on the one hand there is a separation of powers argument but on the other hand they are likely to know how the new amendment should be written so as not to conflict with current laws.

The incoming court may choose to use this poll as guidance on how involved we should be in crafting new laws. We may also decide not to pay attention to it, trusting our own feelings on the matter. At a minimum we'll know what those who choose to vote think about it.

 

[GeorgeOP]

Do you mean as citizens in helping add ideas during the design phase, or as Justices while reviewing the law?

I think it's ok for Justices to get involved in the creation of a law as a citizen, but should not be the sponsor or writer of a law. They should also refrain from threatening to disapprove the law during the creation stage.

As judges, there only job is to review the legality of the law, not re-write it. In their judgmenets, they may state which part(s) of the law they believe is illeagal and state why. But they should refrain from offering any wordings to make it legal.

My 2 cents.

 

[Sweetacshon]

Yes, absolutely. The justices should have a greater insight into the whole process, and so it seems logical that they should be involved. The amendments are polled anyway, so anyone not liking what the justices provide can vote against them, as well as provide alternatives if they feel that strongly. The ammendments can also be repealed, correct?

 

[GeorgeOP]

The amendments are polled anyway

But the amendments are not polled unti the Judiciary looks at them. If the Judiciary has the power to write or re-write preposed laws, we might as well switch to a Democratic Ogliarcy and just make the Judges responsible for drafting all laws with imput allowed by the citizens.