Posted on 12/08/2004 1:01:15 AM PST by JohnHuang2
Wednesday, December 8, 2004
By Joseph Farah
© 2004 WorldNetDaily.com
What set America apart from the rest of the world was its commitment to the rule of law and the will of the people.
Notice the use of the past tense.
It is simply no longer true that America has a commitment to governance through the rule of law and the will of the people.
The law is twisted and distorted to mean whatever judicial tyrants and their cheerleading elitist activists say it means. And the clear expressions of the will of the people are subverted and undermined again and again by the same band of courtroom brown shirts.
I don't think I am overstating the case. I'm just wondering why so few others even seem to observe and recognize what I am seeing on a daily basis.
Take, for example, Arizona's Proposition 200, approved by voters in that state by a comfortable margin of nearly 60 percent. Voters had placed the proposition on the ballot because of their outrage that federal immigration laws were being ignored, permitting their state to be overrun by illegal aliens, and because they felt powerless to keep Arizona from being destroyed fiscally and culturally as a result.
Quite simply, the proposition would deny most taxpayer benefits to illegal aliens and require state workers to report applicants for such benefits who may not be eligible. It would require anyone registering to vote in the state to show proof of citizenship and bring a government-issued ID to the polling place.
To most Americans, such provisions are common sense. That's why they pass easily wherever such initiatives get on the ballot – even in California.
But it simply doesn't matter any more in America what the people want. The people want real immigration policy. They want real immigration enforcement. They want real borders. They want citizenship to mean something again.
However, the brown shirts of the bench have other ideas. They don't think Americans are smart enough to know what's really good for them. So they use the courts to stifle the will of the people and pervert the law of the land. Now the laws are written not by citizen-legislators, but by high priests in black robes who have little or no accountability to the people.
So, once again, in Arizona, a U.S. federal judge, David Bury, granted the activist lynch mob a temporary restraining order that keeps Gov. Janet Napolitano from signing Proposition 200 into law.
The thugs at the Mexican American Legal Defense and Educational Fund explained why they brought the challenge: "Proposition 200 is an illegal, impermissible, unconstitutional state attempt to regulate immigration policy, which is a fundamental function and responsibility of our federal government. Proposition 200 is mean-spirited and un-American."
Is it mean-spirited and un-American to use our electoral system to affect policy? Or is it mean-spirited and un-American to impose your tyrannical will on the majority through a judicial oligarchy out of touch with the people?
MALDEF and their ilk are intellectually dishonest when they say they object to Proposition 200 because it is treading on federal responsibility. If anyone in the federal government offered up a similar solution, these bums would find other excuses to oppose it.
They don't like Proposition 200 because it targets their constituency – illegal aliens. MALDEF is little more than an illegal-alien lobby group. Its membership welcomes voter fraud. They welcome welfare fraud. They welcome a weaker America that won't stand up to defend itself and its people from an invasion.
I've seen this happen again and again in America in the last 25 years. Popular initiatives approved overwhelmingly by the people only to be overruled by a high priest or priestess in a black robe.
This is not the way a free republic is supposed to work. This is not the way a government of the people, by the people and for the people is supposed to work. This is not the way representative, constitutional government is supposed to work.
Let the people of Arizona and the federal high priests of the bench know: All of America is watching how this issue is resolved.
To The Black Robed Judicial Despots: America Is Watching.
Bingo.
Get Congress to abolish that Federal Judge's office.
The same thing happened to Prop 187 here in California some time ago... It too said no public services/assistance for illegal aliens.
This is a no-brainer. The Governor should hold a press conference in prime time, sign the legislation and force the judge to enforce his order. How will he do it if the Governor orders the state's attorneys otherwise?
The Anglo-American legal tradition has a long-standing custom of judges reinterpreting law, through overturning or modifying previous decisions, as the broader society they serve changes.
I don't believe that people really want the alternative, where the government hands out new laws and punishments and sitting judges have no room to interpret or apply them to specific, unforeseen circumstances.
That's how things are done in France, where the judge isn't a sort of referee as in our adversarial system, but an agent of the state; ie, on the same side as the prosecution.
Why the Second Amendment is so crucial.
Yup, force the issue. The judge's reasoning was completely bogus--the measure only affected state government actions vis-a-vis illegal immigrants. It did not establish or change immigration policy which is indeed a Federal matter.
And growing ever more so day by tyrannical day.
Nice article bump. Well stated.
But, our robed masters will disapprove of it.
I would ask my fellow Arizona FReepers on this list to drop a line to Governor Napolitano. Post...ummm...#8?...has a good suggestion. The Governor should sign the bill and force the issue between the Executive and the Judiciary, between the State and the Federal Gov't.
In fact, we saw an article earlier this week that suggested she may just do that. So, write her and inform her that you agree with her. Ugghh. Did I just say that?
Sorry, it was in post #6...
MALDEF. Here is a partial list of donors to MALDEF. These are the people who have bought and paid for too many of our politicians. Many of these donors are the same ones that we ALL have been complaining about being too powerful in this country for years......Soros? Fannie Mae? AARP? Come on people.
Taken from pages 15 and 16 of MALDEF's annual report
[MALDEF's] vision is of an America where being Latino is no longer an obstacle to full participation in society. We imagine an America where all people, including Latinos, enjoy the same rights and protections under the law; where Latino voices are fully heard and represented in the political process; where all people work together to maintain high levels of justice and fairness throughout the American system. Thank you to all of you who have supported MALDEF throughout this year.
OUR CORPORATE AND
FOUNDATION PARTNERS
PLATINUM PARTNERS: $100,000+
Anheuser-Busch Companies
The Ford Foundation
The James Irvine Foundation
The Rockefeller Foundation
The Sandler Family Supporting
Foundation
Soros Foundation
Washington Mutual
GOLD PARTNERS: $50,000 ú $99,999
America's Charities
California Community Foundation
Center for Law in the Public Interest
The Gerber Foundation
Kaiser Permanente
Levi Strauss Foundation
Marguerite Casey Foundation
The Rosenberg Foundation
The State Bar of California
SILVER PARTNERS: $10,000 ú $49,000
AT&T
Bank of America
BELO Corporation
BP
Bracewell & Patterson, L.L.P
The Bravo Foundation
The California Endowment
The Coca-Cola Company
Fannie Mae Foundation
Ford Motor Company
Fried, Frank Harris, Shriver & Jacobson
The Gas Company, A Sempra Energy
Company
General Motors Corporation
Health Care Service Corporation
Intercultural Development Research
McDonald's Corp.
Motorola, Inc
NBC4 / Telemundo 52
Prudential Financial
Shell Oil Company
Southern California Edison
Southwest Airlines
Texas Equal Access to Justice Foundation
Toyota Motor Sales USA, Inc.
TXU Corporation
Tyson Foods, Inc
Univision Television Group, Inc.
Verizon Communications, Inc.
Walt Disney Company
Wells Fargo & Company
.
BRONZE PARTNERS: $1,000 ú $9,999
AARP
Abbott Laboratories Fund
The Abernathy/McGregor Group
AFL-CIO
The Ahmanson Foundation
AIG Invesment LLC
American Federation of Teachers
Amigas de MALDEF
AOL Time Warner, Inc.
Automobile Club of Southern California
Azteca Foods
Blockbuster Inc.
The Boeing Company
California Commerce Bank
California Healthcare Foundation
California Hospital Medical Center
California State University Foundation
California Teachers Association
Callejo & Callejo Law Firm
CBS WBBM-TV
CBS2 / KCAL9
Chicago Community Trust
Citigroup Business Services
Coastal Securities LP
ConocoPhillips, Inc.
Countrywide Home Loans, Inc.
Cox, Castle & Nicholson, LLP
Cummins Engine Foundation
DaimlerChrysler Corp. Fund
Deloitte & Touche
Deutsche Bank
Diageo North America, Inc.
Dreamworks SKG
Edison International Corp.
Fannie Mae
Gloria Molina For Supervisor
Goldman Sachs & Company
H.E.Butt Grocery Company
The Hearst Service Center
Houston Community College System -
Southeast College
Irell & Manella, LLP
J.P. Morgan Chase
KB Home
KTLA 5
KTTV Fox 11
L.A. Dept. of Water and Power
La Agencia De Orci y Asociados
Law Offices of Francisco G. Medina
Law Offices of Frank Herrera, Jr.
Law Offices of Nicholas R. Allis
Linebarger Goggan et al.
Lockheed Martin Corporation
Los Angeles Times
McDonald's Hispanic Operators
Association.
Nissan North America, Inc.
Occidental Petroleum Corp.
Philip Morris Companies, Inc.
PipeVine, Inc.
Ramirez & Co. Inc.
Ramona's Food Products, Inc.
Rangel Cosulting
Reliant Energy
San Antonio Express News
SEIU Local 660
Seyfarth Shaw Attorneys
Shapleig For Senate Campaign
Soza & Company LTD.
St. Mary's University School of Law
State Farm Insurance
Strasburger & Price LLP
Taco Bell Corp. (YUM! Brands, Inc.)
Texas A&M University at Kingsville
Texas A&M University Foundation
Texas Association of Higher Education
Trinity University
UFCW Local 881
Union Bank of California
United Way of Lake Area
United Way of the Bay Area
University of California Los Angeles
University of Chicago
University of Houston
University of Notre Dame
University of Southern California
USAA Foundation
Walgreens Company
Wal-Mart Foundation
http://ccir.net/REFERENCE/MALDEF-2002-2003.html
*****
Make your lists ... check them, twice ... BTTT
Heavens, Gefreiter! Are you daring to suggest that we live in a republic, not a mob-rule democracy that stands above the rule of law? ;-)
Your point is right on the money.
The uncomfortable fact is that these "Propositions" are hard to defend as not just another slippery slope to mobocracy. The reason for having a republican democracy is that a straight demoncracy doesn't protect the rights of the minority position. 60% might have supported this proposition, but that doesn't mean we should let the legislators and executives off the hook. If they are violating constitutionality, then it *is* the judiciary role to protect that minority.
And if the judiciary oversteps its bounds, pretending something is unconstitutional when it's not, that's where it's our responsibility to work through our legislative and executive branches to knock it back into line. Personally, I think the Feds overstep their bounds too much, and this might be a case of the judge supporting that, but the answer isn't to throw our system to the wolves.
I agree with those who want to force this issue with the Governor--and legislature--involved.
bttt
FWIW, Judge Bury has allowed the Governor to sign the proposition.
He amended his order so that he has blocked the provisions that MALDEF claim usurp Federal law while allowing the voter registration portion to go forward.
The Governor has signed the proposition.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.