To: que seria who wrote (9349 ) 10/11/2001 12:05:16 PM From: cnyndwllr Respond to of 23153 Que seria I think your point about the courts being bogged down with criminal prosecution for drug crimes is absolutely correct. Not only are the federal courts swamped with these cases, the state courts are as well. In addition a huge amount of resources go to stockpiling all of the offenders in jails and prisons. The war on drugs is being won by the prison guards and prison builders, prosecutors and all of the others who make their living in the jail and prison system. I don't know what the answer is to a very real drug problem, but it surely seems the one we have now is ineffective and expensive. Another point you make; "I'd say the rights aren't being infringed, but rather that they aren't "rights" to begin with if judges can permit action contrary to them," is also correct. I don't, however, think this is a bad thing. There are always special situations where the general rule is not applicable because of special circumstances such that applying the general rule will cause more harm than good. Our constitution gave our courts the final say on most issues and provided a constitutional right to a jury trial on some. I think the founding fathers feared the courts much less than the executive and legislative branches. The executive branch wields physical power and the legislative branch answers to the majority. Only the judicial branch has no police or army and only the judicial branch is obligated to protect the rights of the minority from the majority, even when that protection is extremely unpopular. We are getting farther and farther away from those ideals in the judiciary. One reason is that the judiciary is going through one of those phases where it is becoming more common for judges to make political decisions instead of interpreting legislative intent and applying it, ie., see the S/Cts decision in the last election. Yes, pick either the Florida or the U.S. court. They are supposed to "interpret" and apply the law pusrsuant to the intent of the legislators unless the law infringes upon a constitutionally protected right. Only then are they constitutionally allowed to strike out the law or, alternatively, to interpret (rewrite) the legislation in a way which accomplishes as many of the legislative goals as possible WITHOUT violating the constitution. The exception, of course, is that the court can give effect to legislation which infringes upon rights granted in the constitution where that infringement is warranted by a compelling state interest and, in that event, the legislation must be given as narrow effect as possible. The second reason we are getting farther and farther away from a judiciary that truly performs these functions is that many judicial positions are now actually subject to ELECTION. Someone might be able to explain how the last bastion of protection for the minority intersts in this country should be subject to the vote of the majority in order to continue to hold a judicial position (minority meaning not just racial but also other interests that are valid and potentially protected under the constitution but might happen to be in disfavor with the majority such as the right to bear arms or the right to be free from unlawful search and seizure). For me the bottom line is that the courts should be unpopular. That is their job. It is up to them to look deeper than the current common wisdom and to see currents that will carry us not back and forth from fad to fad, but forward on the winds of the opinions of our founders who valued and protected the rights of all men to live freely. The court's reputation has been dangerously damaged by moderators like Limbaugh who have made a living out of ridiculing the courts and court decisions, many of which were misrepresented or taken out of context, and insurance interests who have spent billions of dollars impugning the wisdom of juries in order to justify more laws limiting their exposure and to justify higher and higher rates (while they refused in almost every instance to waive a jury in an injury lawsuit because they know that juries arew not only usually fair, they are more than fair in being conservative in damages). The result is that the one institution that truly does safeguard our system of government and our personal freedoms is under extreme attack, largely because it does it's job and makes unpopular decisions and partly because it has no voice to defend itself from the charges of those who gain politically by attacking it, and this is difficult for me to understand. Take away all those lawyers and limit the power of the court and what do you have? The power goes somewhere else. We should all think about that. Sorry for getting on the soapbox and going on so long but I made a lot of money while typing so why change my luck. g. Ed PS Today's pop quiz. Did anyone read the post from our past associate on the AM that the nasd. dropped in the morning and then began this latest rally. The post was posted on the rig Yahoo board just before this latest run up in the nasd and drop in gold. Our associate was margined, 25% short the nasd., 65% long in gold stocks and 10% long in oils. I'd say that going into margin to be 90% wrong as a short term trading guru might have been a mistake. Of course he may have reversed course later that day and gone short gold, long nasd, and stayed long oils. Any guesses on who it was? Hint, he's one of the "few." gg. Ed