Law School

Posted: August 26, 2008 in Lessons

Law school is going to be long and hard.

And very interesting.

I’m already fairly fascinated by the subject matter. I used to teach Civics, but I’ve learned more how our legal system operates in one day than I had in my previous 37 years of life. I am excited to realize how much I will learn over my time here.

For instance: you’ve probably heard complaints about “activist judges” who make laws and how bad that is since the judicial branch is supposed to interpret law, not make law. I learned yesterday (at a conservative law school) that this whole line of thinking is crap. That judges have always made law. That this is how our system works. That all three branches make law constantly.

Sure, Congress makes law (the legislative branch). The executive branch makes law when it attempts to implement the general laws passed by Congress (ever heard of the FDA?). And judges make law every time they specifically interpret vague laws, along with every time they rule on cases where there is no law (and establish precedent).

I wonder what I will learn today?

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