by Scott Ott
(2004-07-14) -- The U.S. Senate today decided to allow individual states to define the term "federal judge."
The decision averts a national debate on the question of whether a federal judge is a kind of solo legislature creating new laws or, instead, a person who decides cases under the existing U.S. Constitution and law.
In recent weeks, calls have increased to remove the phrase "under this Constitution" from Article III, Section 2--the passage which extends judicial authority "to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made...."
"We don't want to impose our morality upon people," said one unnamed Senator. "The important thing is love. If federal judges love what they do, who are we to say it's not legal. Historically, the place to decide questions of love has been in the state legislatures."
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