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<blockquote data-quote="TheCosmicKid" data-source="post: 7121142" data-attributes="member: 6683613"><p>A written constitution can't cover every contingency. That's why America's explicitly has Article Five and the Ninth Amendment. (And keep in mind as well that a number of countries, notably Great Britain, don't even have written constitutions at all.) When cases enter legal territory not explicitly covered by the Constitution or statutory law -- and cases which make it all the way up to the Supreme Court are in this territory almost by definition -- then judges must make a decision based on precedent and their own educated opinion. The Founding Fathers had nothing to say about, for example, net neutrality, so when a net neutrality case comes before the Court, the justices are not going to be able to look at the Constitution and say, "Oh, here in the Xth Amendment it says ISPs can't be discriminatory in the data they transmit. Done!" They're gonna have to <em>judge</em>. That's what they're there for.</p><p></p><p>And this is, in a much more trivial manner, exactly what a DM is expected to do. Your imagination is limitless and the rules are not. No rules or guidelines are going to be able to spell out exactly how you exercise your creativity. You have experience, and you have precedents in the existing races. But in the end, you're gonna have to judge. You're gonna have to make stuff up. That's the job.</p></blockquote><p></p>
[QUOTE="TheCosmicKid, post: 7121142, member: 6683613"] A written constitution can't cover every contingency. That's why America's explicitly has Article Five and the Ninth Amendment. (And keep in mind as well that a number of countries, notably Great Britain, don't even have written constitutions at all.) When cases enter legal territory not explicitly covered by the Constitution or statutory law -- and cases which make it all the way up to the Supreme Court are in this territory almost by definition -- then judges must make a decision based on precedent and their own educated opinion. The Founding Fathers had nothing to say about, for example, net neutrality, so when a net neutrality case comes before the Court, the justices are not going to be able to look at the Constitution and say, "Oh, here in the Xth Amendment it says ISPs can't be discriminatory in the data they transmit. Done!" They're gonna have to [I]judge[/I]. That's what they're there for. And this is, in a much more trivial manner, exactly what a DM is expected to do. Your imagination is limitless and the rules are not. No rules or guidelines are going to be able to spell out exactly how you exercise your creativity. You have experience, and you have precedents in the existing races. But in the end, you're gonna have to judge. You're gonna have to make stuff up. That's the job. [/QUOTE]
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