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Judges Gone Wild - The deteriorating liberal judiciary…
CaliforniaRepublic.org ^ | 3/22/05 | Ray Haynes

Posted on 03/22/2005 8:44:12 AM PST by NormsRevenge

They learn it in school. And it is obscene. How they get away with it, I don’t know, but you see this obnoxious and obscene behavior everywhere.

It is what you see on the news everyday of our courts out of control—of our judges gone wild. Wild in the sense that they believe they are not restricted or controlled by the constitutions of our federal or state government, the laws enacted by those governments, or the traditions of the judiciary developed pursuant to the constitutions and the principles of this country. These judges gone wild need to read Montesquieu, and his principle of separation of powers.

It was unusual at the time of our founding for the judicial and legislative powers to be separated. Montesquieu thought combining these powers was dangerous. If a judge writes the law, and then applies it, the judge loses the objectivity that is necessary to fairly and impartially apply the law. If, on the other hand, the judge is free to ignore the law, and apply his or her own whim, the law becomes arbitrary; the society is governed by the rule of man, not the rule of law.

In California, the rule of law is in danger. A judge in San Francisco ruled that the California Constitution, enacted in 1870, prohibits discrimination in our marriage laws against homosexuals. Put aside the fact that the laws of marriage are equally applied. Every man, regardless of sexual orientation, can marry a woman, and every woman, regardless of sexual orientation, can marry a man. The more important issue is that no rational person can maintain that the people of this state, at the time the Constitution was enacted, intended any part of that constitution to require that the state recognize same sex marriage. The judge in this case just ignored that common sense proposition, and rewrote the Constitution. The judge ruled that our Constitution required the state to recognize marriage between two men or two women.

The ruling is nonsensical, but understandable because this judge has to face the voters of San Francisco in his next election. Increasingly, judges are all too willing to abandon their oaths of office to mimic popular culture. Our Supreme Court recently ruled that certain international laws and treaties (that did not exist when our Constitution was drafted) ought to define the meaning of our constitutional principles. Now, a judge in California simply ignored history and precedent, and rewrote the California Constitution, ignoring the will of over 62% of the California electorate. This is the picture of a judge gone wild.

These judges are taught to do this in law school. They are taught that the Constitution is a “living” thing, a thing who’s meaning changes with the times. While it is true that the principles of the Constitution are timeless, their meanings do not change. Changing the Constitution requires an amendment, enacted by the Legislature and put before the people to gain their assent. A judge that changes constitutional principles without an amendment is acting like a lawmaker, and that is outside his or her power or expertise.

Elected representatives are designated as the lawmakers because they are in the best position to balance the needs of their constituents. They are in the best position because they are held accountable for their decisions on laws through the electoral process. Lawmakers set the rules under which disputes are resolved, judges resolve the disputes. When judges cross the line, and start to write the rules, they undermine the system. Those who wrote the Constitution understood how to strike the balance. The judge in San Francisco obviously did not.

Judges gone wild is not a pretty sight. It is destroying the people’s faith in our judicial system.


TOPICS: Crime/Corruption; Culture/Society; Editorial; Government; Politics/Elections; US: California; US: Florida; Your Opinion/Questions
KEYWORDS: deteriorating; gonewild; judges; judicialactivism; judiciary; liberal
They are taught that the Constitution is a “living” thing, a thing who’s meaning changes with the times. While it is true that the principles of the Constitution are timeless, their meanings do not change. Changing the Constitution requires an amendment, enacted by the Legislature and put before the people to gain their assent. A judge that changes constitutional principles without an amendment is acting like a lawmaker, and that is outside his or her power or expertise.
1 posted on 03/22/2005 8:44:13 AM PST by NormsRevenge
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To: NormsRevenge

It's Bush's fault unless he responds with force, because that's all that's left when the law doesn't matter.


2 posted on 03/22/2005 8:47:41 AM PST by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
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To: NormsRevenge

The Commies said they would destroy us from within; Judicial, Government, Schools,Unions etc etc.


3 posted on 03/22/2005 8:48:25 AM PST by Uncle George
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To: Uncle George

Agreed.

It is a common theme across all facets of our society, as we are under attack from enemies within.


4 posted on 03/22/2005 8:49:59 AM PST by NormsRevenge (Semper Fi ...... The War on Terrorism is the ultimate 'faith-based' initiative.)
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To: NormsRevenge
The media is stifling the growing outrage against judges supreme policy making from the bench. I have written several letters to several politicians and copied lots of media outlets. We all need to take a lesson from the special interest left wing groups. Make some noise and the media will cover it.

Bush needs to keep this banter alive so when Dems do walk out, he can point out there obstructionist "just say no" attitude and summarily link it to the inaction on Social Security.
5 posted on 03/22/2005 8:56:27 AM PST by Tenacious 1 (Dems: "It can't be done" Reps. "Move, we'll find a way or make a way. It has to be done!")
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To: Uncle George

But the commies never considered the internet and the millions and millions of proles with new flashlights. It ain't the cakewalk it use to be for the agents of satan.


6 posted on 03/22/2005 8:57:57 AM PST by whereasandsoforth
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To: Uncle George

Exactly!


7 posted on 03/22/2005 8:58:37 AM PST by MisterRepublican (I DEMAND THAT FOX NEWS GET JENNIFER ECCLESTON BACK FROM NBC!)
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To: NormsRevenge
So, what's new? This crap has been going on so long that I can't remember when it started, and I'm 73.

Let me suggest, the next election, kick them all out. A real wake up call. Most of the judges have lost what their job is about. I will never address one as "Your Honor", since I can see no honor among most of this bunch of liberal jacka@@es. It's too bad if we vote out the ones we can, at least the bottom rung will be gone. It starts with attorneys that learn crap from liberal colleges and just carries on. Sometimes I feel, we are lost.
8 posted on 03/22/2005 9:02:05 AM PST by Logical me (Oh, well!!!)
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To: UnbelievingScumOnTheOtherSide; NormsRevenge; Grampa Dave; Dog Gone; Southack
"...that's all that's left when the law doesn't matter."

And the "law doesn't matter," because our "scheme of laws" has become such a tangled web of over-lapping entanglements as to have created an out-of-control-judiciary! Like all the rest of "non-elected" government that lawmakers have over-delegated undue authority to, the Judicial Branch has become like mice who play while the cat's away!

Our very own Representatives in Congress and State Legislatures are the only ones to blame and must regain their oversight and control of this runaway situation... but they just won't. They'll run and hide and blame somebody else, like Clinton did, because everyone in government must look good at all times!

That's their "prime directive" which is all "public relations," all the time!!!

9 posted on 03/22/2005 9:07:49 AM PST by SierraWasp (GovernMental EnvironMental Parasitic Pissants perpetually tormenting America Progress!!!)
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To: NormsRevenge
Are we going to remain on the sidelines when a Democratic Senate minority will try to block judges that rule based on the Constitution.
Recent Supreme Court decisions about death penalty according to developments, or international law are a case in point.
This Schiavo situation will serve as a warning shot of what's ahead.
Firmly demanding that the current Senatorial majority does represent the electorate and decides who gets confirmed as judge is a prerequisite.
Filibusterers out of the way.
It's best you guys and gals stay home, exactly as you did when it came to voting for life or death of Schiavo.
10 posted on 03/22/2005 9:07:55 AM PST by hermgem
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To: NormsRevenge
WHen someone says the Constitution is a "living document", what they really mean is that it is dead.
11 posted on 03/22/2005 9:12:10 AM PST by BenLurkin (O beautiful for patriot dream - that sees beyond the years)
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To: NormsRevenge

BTTT


12 posted on 03/22/2005 9:14:10 AM PST by spodefly (This is my tag line. There are many like it, but this one is mine.)
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To: NormsRevenge
We now live under the tyranny of

KING COURT.


13 posted on 03/22/2005 9:24:54 AM PST by Travis McGee (----- www.EnemiesForeignAndDomestic.com -----)
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To: NormsRevenge
"While it is true that the principles of the Constitution are timeless, their meanings do not change"
Why ? Because the nature of selfish humanity never changes and the need for the safety drafted into the constitutions protecting against tyranny and injustice will never be dispensed with.
14 posted on 03/22/2005 9:28:07 AM PST by clearsight
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To: NormsRevenge

"Judges Gone Wild". Somehow, I don't think we'll be seeing Snoop Dog advertising this as the next installment of the "Girls Gone Wild" DVDs.


15 posted on 03/22/2005 9:28:32 AM PST by 6SJ7
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To: NormsRevenge

I agree - and this statement says it all: "that they believe they are not restricted or controlled by the constitutions of our federal or state government, the laws enacted by those governments, or the traditions of the judiciary developed pursuant to the constitutions and the principles of this country."

The judiciary is out of control - and that's exactly what the democrats want. They want to be able to RULE BY JUDICIAL DECREE - and not be bound by the constraints of the Constitution.


16 posted on 03/22/2005 9:30:58 AM PST by CyberAnt (President Bush: "America is the greatest nation on the face of the earth")
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To: CyberAnt

Isn't it amazing that the polls do NOT take these facts above into their view that Congressional interventon was a necessity since even murderers get reviews. In fact, too many reviews! Dems sure love the culture of death and think that the courts are their last refuge for power. They cannot get elected to higher places and know that unelected jurists are their only hope for power. It is time that legislatures start limiting the power of courts on all levels by term limits etc.


17 posted on 03/22/2005 9:44:51 AM PST by phillyfanatic
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To: NormsRevenge
A federal judge ignored the law that required him to conduct a de novo review of Terri Schiavo's case. I can't remember the last time a judge flipped his thumb at the law and said in effect, "I don't care - let her die. What you gonna do about it?" That's James Whittemore. Then we have that state judge in Florida, George Greer, who took it on himself to defy a congressional subpoena and to exceed his authority by ordering the murder of Terri Schiavo. A few weeks ago, California judge Richard Kramer overturned a law enacted by 62% of the voters banning same sex marriage. The SCOTUS has tossed out in rapid fire succession, sodomy laws and laws allowing for juvenile capital punishment. We're witnessing a huge constitutional crisis in this country. The judiciary is now the people's master.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
18 posted on 03/22/2005 11:56:22 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: phillyfanatic

"unelected jurists are their only hope for power"

I totally agree .. and then it's the same liberals who want the juvenile KILLERS to be allowed life instead of death.

That's a total opposite opinion of what I believe. They want bad people to live and good people to die - and I believe just the opposite. I don't favor KILLING people as a general practice - but for some brutal murderers - why not put the person to death - if the state's laws allow it.

And speaking of state's laws - in the juvenile killers ruling - the liberals were overjoyed to have the USSC overrule the STATE'S RIGHTS TO KILL JUVENILE KILLERS.


19 posted on 03/22/2005 12:13:03 PM PST by CyberAnt (President Bush: "America is the greatest nation on the face of the earth")
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