Posted on 03/03/2005 6:23:35 AM PST by totherightofu
I agree. The idea of judicial review is the root of the problem-not a matter of the ideology of who's doing it-- that's like saying the Soviet Union failed because the wrong people were in charge.
Judges as a nature in this country, don't seek to right wrongs or be meter out justice, they seek to re-write law. If they have a problem with a law they should, as in the case of many a state court (that is not run rampant like the feds or other states) and simply say, go back and review this, re-write it etc, it does not work, rather than take it upon themselves to rewrite the law....
as for O'Hair (not sure if i recall the opposing side), it was heard with an identical companion case, Abbington vs. Schemp. Lemon vs. Kurtzman was a more recent decision and Lemon actually was more positive step than negative in terms of religious liberty in America (so that claim about Lemon is errant)--if it has a secular purpose, and is not exclusively intended to promote religion, then it is ok (too bad many courts ignore that because that is a perfect legal test for the 10 Commandments controversy)
Yeah and don't back down like the Frankfurter court did under FDR, and kow-tow under the threat of the court packing to go along with the New deal agenda, the senate should ram rod it through, one way, or another.....
Ehhhh, why bother? The SCOTUS will just declare this bill un-Constitutional (and will likely cite some foreign cases).
;O)
I wonder whether our brain-dead Supremes have realized that with their ludicrous decision citing foreign law, they have enabled Muslim savages to argue now that US courts should take sharia law into account, as well. After all, we're certainly not Eurocentric, are we? I'm waiting for a Muslim savage accused of an honor killing, or assaulting a Westerner, to produce the relevant verses of the Koran, complete with exegesis by Muslim scholars, indicating that the defendant's behavior was sanctioned by sharia, and to argue that since the courts take European law and opinion into account, they should accord Muslim law and custom the same respect.
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