And it's also important to remember that courts are "courts of law." They're not debating societies or forums for public opinion.

In the US, that's the function of the legislature - not the judiciary.

BWahahaha~!

(I like that!)

Quote from: 40hz on January 25, 2011, 03:37 PM

And it's also important to remember that courts are "courts of law." They're not debating societies or forums for public opinion.

In the US, that's the function of the legislature - not the judiciary.

BWahahaha~!

(I like that!)

It's not just funny.  It's true.

Courts work off a Q&A style procedure. You're allowed to ask a question, answer a question, or respond to the bench. You're not allowed to get into philosophical debates or make a speech. Try doing that and the judge will cut you off short. Do it one time too many and he'll also likely cut you off at the knees.

Courts are there to interpret the law - not to create new law. While it has happened from time to time, it's a controversial issue usually dubbed "legislating from the bench." And it's generally viewed as a violation of the doctrine of separation of powers.

The Senate and Congress on the other hand are debating societies in every sense of the word. Once you have the floor in either chamber you're free to wax as poetic and philosophical as you will for as long as you like. You're only limited by the stamina of your voice; the strength of your legs (you're required to stand when addressing the chair for obvious reasons); and possibly by the capacity of your bladder if you're male and over 50.

Read The Constitution of the United States for further details. Free copies of which can be found in wastebaskets conveniently located throughout the US Capitol Building and White House.