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	<title>Comments on: Adultery Could Carry Life Sentence in Michigan</title>
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		<title>By: Kent G. Budge</title>
		<link>http://www.outsidethebeltway.com/archives/adultery_could_carry_life_sentence_in_michigan/comment-page-1/#comment-109940</link>
		<dc:creator>Kent G. Budge</dc:creator>
		<pubDate>Wed, 17 Jan 2007 05:20:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/01/adultery_could_carry_life_sentence_in_michigan/#comment-109940</guid>
		<description>&lt;i&gt;The jails are going to be really full&lt;/i&gt;

I&#039;ll be sure to visit.

Assuming they don&#039;t find a way to revive Edmunds-Tucker, and jail me for being a member of a religion that once advocated polygamy.</description>
		<content:encoded><![CDATA[<p><i>The jails are going to be really full</i></p>
<p>I'll be sure to visit.</p>
<p>Assuming they don't find a way to revive Edmunds-Tucker, and jail me for being a member of a religion that once advocated polygamy.</p>
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		<title>By: Bandit</title>
		<link>http://www.outsidethebeltway.com/archives/adultery_could_carry_life_sentence_in_michigan/comment-page-1/#comment-109883</link>
		<dc:creator>Bandit</dc:creator>
		<pubDate>Tue, 16 Jan 2007 17:35:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/01/adultery_could_carry_life_sentence_in_michigan/#comment-109883</guid>
		<description>The jails are going to be really full</description>
		<content:encoded><![CDATA[<p>The jails are going to be really full</p>
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		<title>By: madmatt</title>
		<link>http://www.outsidethebeltway.com/archives/adultery_could_carry_life_sentence_in_michigan/comment-page-1/#comment-109882</link>
		<dc:creator>madmatt</dc:creator>
		<pubDate>Tue, 16 Jan 2007 17:33:14 +0000</pubDate>
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		<description>[Attorney General Mike] Cox’s office, which handled the appeal on the prosecutor’s behalf, insisted that the waitress’ consent was irrelevant.

Ironically he was just re-elected even though he has admitted cheating on his wife...I think this means he should prosecute his lying hypocritical self</description>
		<content:encoded><![CDATA[<p>[Attorney General Mike] Cox&rsquo;s office, which handled the appeal on the prosecutor&rsquo;s behalf, insisted that the waitress&rsquo; consent was irrelevant.</p>
<p>Ironically he was just re-elected even though he has admitted cheating on his wife...I think this means he should prosecute his lying hypocritical self</p>
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		<title>By: Billy</title>
		<link>http://www.outsidethebeltway.com/archives/adultery_could_carry_life_sentence_in_michigan/comment-page-1/#comment-109879</link>
		<dc:creator>Billy</dc:creator>
		<pubDate>Tue, 16 Jan 2007 17:13:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/01/adultery_could_carry_life_sentence_in_michigan/#comment-109879</guid>
		<description>&lt;blockquote&gt;Strict constructionism does not say that all laws are good or logical, just that they should be enforced.&lt;/blockquote&gt;

Thankfully, the Constitution says that the judicial branch is in charge of whether such laws can be enforced in the first place.  

Constitution &gt; dogmatic strict constructionist judicial theory.</description>
		<content:encoded><![CDATA[<blockquote><p>Strict constructionism does not say that all laws are good or logical, just that they should be enforced.</p></blockquote>
<p>Thankfully, the Constitution says that the judicial branch is in charge of whether such laws can be enforced in the first place.  </p>
<p>Constitution &gt; dogmatic strict constructionist judicial theory.</p>
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		<title>By: yetanotherjohn</title>
		<link>http://www.outsidethebeltway.com/archives/adultery_could_carry_life_sentence_in_michigan/comment-page-1/#comment-109877</link>
		<dc:creator>yetanotherjohn</dc:creator>
		<pubDate>Tue, 16 Jan 2007 16:29:40 +0000</pubDate>
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		<description>If that is the law then the law is an ass.

Strict constructionism does not say that all laws are good or logical, just that they should be enforced. To the extent they are not good or logical, their enforcement is one of the best ways to point this out. The solution is not for judges to judges to decide which laws they like or dislike (that has its own set of problems) or to decide the case outside of the law, but to change the law. If the legislature won&#039;t act, then the voters can act on the legislature.

Another example of this is the Chicago &lt;a href=&quot;http://wizbangblog.com/2007/01/15/playing-patecake-with-the-law.php&quot; rel=&quot;nofollow&quot;&gt;goose liver law&lt;/a&gt;. To make the choice not to enforce the law is exactly the wrong way to go about it. Enforce the law with full vigor to bring it to the attention of the voters so that the law can be repealed.</description>
		<content:encoded><![CDATA[<p>If that is the law then the law is an ass.</p>
<p>Strict constructionism does not say that all laws are good or logical, just that they should be enforced. To the extent they are not good or logical, their enforcement is one of the best ways to point this out. The solution is not for judges to judges to decide which laws they like or dislike (that has its own set of problems) or to decide the case outside of the law, but to change the law. If the legislature won't act, then the voters can act on the legislature.</p>
<p>Another example of this is the Chicago <a href="http://wizbangblog.com/2007/01/15/playing-patecake-with-the-law.php" rel="nofollow">goose liver law</a>. To make the choice not to enforce the law is exactly the wrong way to go about it. Enforce the law with full vigor to bring it to the attention of the voters so that the law can be repealed.</p>
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		<title>By: Billy</title>
		<link>http://www.outsidethebeltway.com/archives/adultery_could_carry_life_sentence_in_michigan/comment-page-1/#comment-109869</link>
		<dc:creator>Billy</dc:creator>
		<pubDate>Tue, 16 Jan 2007 15:55:19 +0000</pubDate>
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		<description>&lt;blockquote&gt;The state is perfectly happy to have every aspect of your life criminalized, and your staying out of prison made entirely dependent upon the discretion - and mercy - of the state.&lt;/blockquote&gt;

That&#039;s about right, really.

This demonstrates the absurdity of &quot;strict constructionism&quot; taken as dogma.  It is merely a tool available to judges, and though some (Scalia) would have us believe that legislative intent (demonstrated through debate histories, context, and other evidence) is never to be considered, the natural result of ignoring it is to countenance an untold abundance of absurdities.  Thankfully, we do have a federal constitution to knock out the most egregious of the violations created thusly, but that won&#039;t stop the majority, particularly with justices thereupon who insist that proportionalism has no place in determining whether a punishment fits the crime (again, unsurprisingly, Scalia).</description>
		<content:encoded><![CDATA[<blockquote><p>The state is perfectly happy to have every aspect of your life criminalized, and your staying out of prison made entirely dependent upon the discretion - and mercy - of the state.</p></blockquote>
<p>That's about right, really.</p>
<p>This demonstrates the absurdity of "strict constructionism" taken as dogma.  It is merely a tool available to judges, and though some (Scalia) would have us believe that legislative intent (demonstrated through debate histories, context, and other evidence) is never to be considered, the natural result of ignoring it is to countenance an untold abundance of absurdities.  Thankfully, we do have a federal constitution to knock out the most egregious of the violations created thusly, but that won't stop the majority, particularly with justices thereupon who insist that proportionalism has no place in determining whether a punishment fits the crime (again, unsurprisingly, Scalia).</p>
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		<title>By: Kent G. Budge</title>
		<link>http://www.outsidethebeltway.com/archives/adultery_could_carry_life_sentence_in_michigan/comment-page-1/#comment-109866</link>
		<dc:creator>Kent G. Budge</dc:creator>
		<pubDate>Tue, 16 Jan 2007 15:36:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/01/adultery_could_carry_life_sentence_in_michigan/#comment-109866</guid>
		<description>I see some obtuseness in the definition of an absurdity.  It&#039;s one thing to reject the ruling pointed to by the plain language of the statute as absurd because one disagrees with the underlying policy.  In these cases, the court should indeed defer to the legislature.  It&#039;s another thing to reject the ruling pointed to by the plain language of the statute as absurd because any reasonable person can see that that&#039;s not what the legislature intended.  Knowing the difference requires the exercise of good judgement, but isn&#039;t judgement what judges are for?</description>
		<content:encoded><![CDATA[<p>I see some obtuseness in the definition of an absurdity.  It's one thing to reject the ruling pointed to by the plain language of the statute as absurd because one disagrees with the underlying policy.  In these cases, the court should indeed defer to the legislature.  It's another thing to reject the ruling pointed to by the plain language of the statute as absurd because any reasonable person can see that that's not what the legislature intended.  Knowing the difference requires the exercise of good judgement, but isn't judgement what judges are for?</p>
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