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About this quote

What does it mean?
Judges cannot create laws without written constitutional basis; accepting this risks tyranny.
In plain terms
Judges need written law to make rules, or it becomes tyranny.
What can you take from it?
Legal authority must stem from written constitutions.

Where it applies

  • constitutional interpretation
  • legal theory
  • civic education

Putting it to work

  • advocate textualism
  • review judicial decisions

Questions to consider

  • Where does judicial power end?
  • Can judges make law?

Another view

Courts interpret laws to fill gaps left by legislatures.

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