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No, federal judges should not be able to create new laws since that's the job of the legislature. Judges should only interpret existing laws instead of trying to write them.

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Q: Should Federal Judges only interpret existing laws or should they be able to create new laws?
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Are there any existing laws that should not be imposed upon citizens?

When there is no existing federal law, the Dormant Commerce Clause ... of its own citizens at the expense of out-of-state citizens is not a legitimate state objective. ... it will be upheld unless the burden imposed on such commerce is clearly.


How have appointments to the lower federal courts changed in the past three decades?

b. Senators have increased their ability to select lower court judges who will operate in their state.c. The tradition of "senatorial courtesy" has disappeared completely.d. The confirmation of lower court judges has become more hotly contested.e. The Senate and presidency have come to agree that partisan factors should not intrude on judicial concerns, and that nominees should be judged solely based on their qualifications.


What was the idea that the federal government should not control there own affairs?

We should have the authority and power too!Just like the Federal Government.


Parties arose during the presidency of George Washington and were sharply divided on the issue of what?

How powerful the federal government should be


What needs to be amended to change the federal court system?

That is a very good question! This answer is good for both the Florida Court System and the Federal Court System. The first change that should be made is to remove each and every judge from the bench who has ruled according to anything but our U.S. Constitution, and replace them with judges who will rule by it. Secondly, make it very clear to every judge that their duty is to rule according to the Constitution, not public opinion or pressure from lobbyists or their own opinions. Also, make it clear that it is not their job to make arbitrary rulings that serve to make laws from the bench. Perhaps I could just shorten this and say, "Require them to read and understand the U.S. Constitution, and to serve in their capacity of judges according to the Constitution and nothing else." * There is a vast difference in federal and state lawand the application of the US Constitution. The US Supreme Court is the only court of the land that has the legal power to interpret federal laws and the way they apply (if at all) at the state level. Supreme Court judges are appointed for life and cannot be recalled or dismissed except by the President (in rare instances Congress) or by the Justices themselves resigning or retiring. The same "fixes" that might apply at a state level would not apply nor be legally possible at the federal and vice-versa. The vast majority of judges, attorneys and other legal personnel are competent and legally correct in their application of exisiting laws. It is not the system, it is the misuse of the legal system, by a powerful politicians, corporate lobbyist and other such unethical individuals. The American justice system is for the most part equitable and ethical. It is, however, often perceived to be just the opposite by those persons who have had dealings within the justice system that did not work out to their advantage. *Comment posted in the Discussion area.

Related questions

Unlike legislators federal judges should?

be impartial


In the words of Justice Felix Frankfurter what does legislatures make law whoe sales judges retail mean?

This quote emphasizes the distinction between the roles of legislatures and judges in the legal system. Legislatures create general laws that apply broadly to society, while judges interpret and apply those laws to specific cases, like a retail store selling goods to individuals. It underscores the idea that judges should not create new laws, but rather interpret and apply existing laws.


Why don't judges answer political questions?

Judges interpret the laws and legislators (or politicians) enact the laws. The separation of powers requires that the judiciary and the legislative branches remain separate, and accordingly judges should remain politically neutral.


Activist judges believes that the courts should?

Activist judges believe that the courts should play a more active role in policy making and be willing to strike down federal laws, whereas judges favoring restraint believe that the courts should defer to the elected branches of government.


What is the Difference Between Strict Construction and Loose Construction?

Loose construction-means that the federal government can take reasonable actions that the constitution does not specifically forbidStrict construction- people who favor strict constitution think that that federal government should do only what the constitution specifically says it can do The Loose Construction Theory is when federalists interpret the Constitution into things that are in favor of a stronger national government. There are limitations involved.


When judges make laws they?

Judges do not make law, they set precedent. The Legislature forms and passes statutes. Once someone is taken to court in violation of a statute, the Judge interpret the law and sets precedent for how the law should be interpreted in the future by equal courts within that district.


What is the meaning of the notion that judges should not make the law but uphold it?

Judges are meant to interpret what they think the law(s) mean, and follow the means of law in court form their interpretation but they aren't meant to make laws to fit their ruling or make laws at all( that's legislative).


How many judges are there for U.S. District Courts?

Federal district courts should have 677 seated judges. However, that number changes a great deal and often, currently there are many unfilled judgeships in all U.S. courts with the exception of the Supreme Court.


What says that a driver should always operate his or her vehicle at a speed that is reasonable and prudent for existing conditions?

It is decided by state and federal laws and the people make the laws.


Should judges have the authority to overrule statutory law?

They can overrule statutory law if they find it not in keeping with the Constitution or case law.


Are there any existing laws that should not be imposed upon citizens?

When there is no existing federal law, the Dormant Commerce Clause ... of its own citizens at the expense of out-of-state citizens is not a legitimate state objective. ... it will be upheld unless the burden imposed on such commerce is clearly.


What is the average yearly salary of a judge?

You really should be more specific. Salary ranges for a judge vary from country to country, state to state, even county to county. In addition there are various types of judges from low level courts through the supreme courts and federal courts. A judge is typically well paid for their location but that range is very dependant on many factors. Local judges may range from $30,000-$90,000. Federal judges often range from $100,000 up to $200,000. Television show judges with their own show make even more.