In a legal scholarly sense, you are correct. But the common use of the term is not academic, it's an appeal to popular outrage.
The role of the supreme court has been to limit the expressed will of the political branches when they exceed their authority, which is quite often. The court also serves to limit the mistakes of the legislature, when they write laws that make no sense, as written.
no subject
Date: 2010-01-24 07:27 pm (UTC)The role of the supreme court has been to limit the expressed will of the political branches when they exceed their authority, which is quite often. The court also serves to limit the mistakes of the legislature, when they write laws that make no sense, as written.