Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Ed Current

We MUST put an end to LAW by Judical Decree

or

Another way to say it,

We MUST put an END to LAW by demoncrat EXTREMISTS


2 posted on 10/09/2004 3:08:43 PM PDT by TheEnigma47 (kerry will NEVER deserve forgiveness for his treachery to America's Military)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: TheEnigma47

We MUST put an end to LAW by Judical Decree

Democracy by Decree | by Ross Sandler and David Schoenbrod

While American neoconservatives use "the war on terror" to impose democracy on the Middle East, two New York Law School professors urge us to rescue democracy here at home. In a newly released book from Yale University Press, "Democracy by Decree," Ross Sandler and David Schoenbrod show how the plaintiff's bar and judges have used consent decrees to take government away from elected officials.
The two law professors know of what they speak. The careers of both as "public interest" attorneys contributed to creating the situation which they now deplore.
Rule by coercive court decree originated with the public school desegregation case, Brown vs. Board of Education. Issues & Views: The <i>Brown v. Board of Education</i> Fraud Prior to this case, reform relied on persuasion, a balancing of contending interests, and appeals to public opinion. Brown inaugurated a new era of reform coerced by class action lawsuits and judicial decrees.
The result, according to Messrs. Sandler and Schoenbrod, is that law in the U.S. is no longer accountable to the people, because state and local governments have lost both legislative and administrative powers. Schools, welfare agencies, prisons - indeed, practically the entire range of state and local public institutions - are actually controlled by attorneys and judges, not by governors, mayors and the voting public.
Mr. Sandler and Mr. Schoenbrod offer measures that they believe would restore politically accountable law, but American democracy might be too far gone. The will to fight has departed from legislative bodies, and the American people are distracted and uninformed. Legislators, mayors and governors have learned they can avoid making political enemies by letting judges decide divisive issues.

3 posted on 10/09/2004 3:11:46 PM PDT by Ed Current
[ Post Reply | Private Reply | To 2 | View Replies ]

To: djreece

marking


56 posted on 10/10/2004 12:31:18 AM PDT by djreece
[ Post Reply | Private Reply | To 2 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson