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Politics : I Will Continue to Continue, to Pretend....
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To: Sully- who wrote (9032)4/2/2005 12:19:13 AM
From: Sully-   of 35834
 
Judicial tryanny

Common Sense and Wonder

There has been much commentary lately in response to the Schiavo case about the role of the Congress in its relationship with the courts.

Understandably the left which has achieved many of its goals by judicial fiat rather than through the ballot box as required by the Constitution defend the courts unlimited power. But, even the most rabid liberal will have to admit that the judiciary has intruded into the legislature's sphere.

In California the judiciary struck down a Proposition (Prop 187) passed by an overwhelming majority of voters that stripped State benefits from illegal immigrants.

The same thing recently occurred in Arizona (Prop 200).

In Massachusetts the courts told the legislature to come up with a same-sex marriage bill. TOLD the legislature.

Even the Supreme Court is not immune from this kind of legislating from the bench. The recent Supreme Court ruling on age discrimination included in the ruling an expansion of the law that was not contained in the original legislation.

Is that Constitutional review or legislating?

There is all manner of judicial meddling now going on.

The New Jersey court in ruling that the Democrats could field a candidate for Senator even though it was past the date stipulated by the law for such action. Is that upholding the law or changing the law?

The courts now set taxes (Missouri) to finance education.

The Congress is the check to the Executive arm of government. So where is the check to the courts power? Who can tell the courts that their behavior is unconstitutional? The Congress. If the Legislature -- the will of the people -- is not the final authority we are then at the mercy of an unelected tyranny of men and women in black robes. The Mullahs of secular humanism. This, I believe, along with the concept of national sovereignty, is the next battlefield in the culture wars.

Posted by Jerry Scharf

commonsensewonder.com
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