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To: SoFloFreeper

This would have to be the same Flori-duh Supremes that tried and tried to change the results of the national presidential election in '00, by just wanting recounts in counties of their choosing.

What a bunch of slimy d*uchebags.


359 posted on 01/06/2006 5:39:18 AM PST by Vaquero ("An armed society is a polite society" Robert Heinlein)
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To: Vaquero
The retention vote occurs every 6 years, not every 4. Not one single judge has ever been booted out by the retention vote - including that psycho Barkett, and it cost $4 million to actively campaign for her ouster.

Government relies on such doctrines as 'sovereign immunity', more specifically prosecutorial and judicial immunity, as well as life-time appointments or mechanisms such as the retention vote that are almost impossible to enforce. They are quite literally above the law. Congress exempts itself from many of the onerous regulations it imposes on we lowly unwashed masses. Why? Supposedly, when asked this question about why Congress exempts itself from laws it claims the rest of us must follow, a Congressman protested 'why, WE have to get things done!' Priceless.

If Congress, judges, courts, cops and prosecutors could suddenly be sued by the ambulance chasers, want to bet tort reform and lawsuit restrictions would suddenly become a number one priority?

The problem with all of the judiciary is their unchecked usurpation of power. How to fix it? Forget Constitutional amendments to counter this decision or that. Simply pass one amendment: judicial decisions can invalidate a law - IF a specific legal argument (not 'penumbras' or 'commerce clause' BS) based on a specific text can be cited. Otherwise, the legislature can vote to force the court to reconsider ad naseum. THEN, if the court manufactures a 'decision' that affects one citizen in any way or costs one dime - then the people must vote on whether or not to enforce it.

This process means that the courts have to prove the validity of their argument to strike down a law - rather than the legislature having to prove the validity of a law to the court so they get not only to agree or disagree but make up some so-called 'remedy' and force everyone to abide by it at a whim. Something as obvious, say, as a law that would make every adult stand on their head in the middle of the nearest intersection on alternate Tuesdays and chew nails would not pass the obvious test of being unconstitutional - 8th amendment if nothing else. Something such as disallowing school vouchers because the Court doesn't like them and attempting to rationalize it with thin sophistry involving the 'right' of government to control schools in the name of 'uniformity' simply doesn't cut it.

And - forget lifetime appointments and retention votes. It is time to stop pretending judges are or should be beyond 'politics'. What they are beyond is control. Remember 'we the people'? We need to put that giant voting booth shaped boot back on our foot - including recall elections - and get to kicking some overfed, arrogant black-robed butts.
367 posted on 01/06/2006 10:14:27 AM PST by Benkei (FYI)
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