Posted on 05/21/2007 5:17:20 AM PDT by syriacus
The irony is that those freedoms are rendered meaningless if judges get to define what everything means and what the outcomes are. In the name of protecting those rights she would destroy them and transfer all power to the judges. Having the right to make your argument does not entitle you to win the argument. Nor does it entitle you to never be offended. She wants judges to go beyond making sure all play by the same rules. She wants them to decide who wins and who loses based on their own idea of who should win and who should lose, rather than based on the law as written by legislators elected by the people via those protected rights spelled out in the Bill of Rights. A judge is not supposed to have that kind of power. Her style of protection is total control.
“I thought rights were God-given...”
Ssssh! Thinking weakens the team. Now, go back to your room.
Nowhere in the Consitution did the framers contemplate that in an unelected court would repose such power. They understood it was their intention to leave to Congress - the People's representatives - such authority for popular or unpopular decisions which could be reversed by a subsequent election.
Had they intended the Courts to rule the US, the framers would have said so explicitly. It is time for Congress to wrest back its power from the courts, regardless if that Congress is Republican or Democrat. The authority belongs to the People not to the court.
In Federalist 78 Hamilton wrote:
"The judiciary 'will always be the least dangerous' branch of government because it has the least capacity to 'annoy or injure' our constitutional rights."
Oops.
~ snip~
As she has done on repeated occasions over the last couple of years, O’Connor conflates legitimate institutional responses to judicial misbehavior with “intimidation” of an illegitimate kind
~snip~
My question is- does she really believe this? Has she examined any of the decision handed down, by say, the 9th Circuit? Does she truly not see there are judges acting like legislators?
High schools don’t teach civics? What?
How about grade schools?
Just last week, I spoke to my 12-year-old nephew who told me that he was studying for a civics test on...the entire federal court system.
The week before that, my 12-year-old godson told me that he was studying the entire federal court system in civics.
I think Justice O’Connor needs to get out more.
And along with that we the people need to have the power to burn judges at the stake when we disagree with the laws they pass by judicial action.
The former justice seems to be in a self-pity melt-down over the fact that there are Americans who dare to criticize the court. She is offended that children are not taught that judges are too important to have their decisions evaluated on their merit.
Judges are unelected and unaccountable and should remain that way, far above the opinion of the great unwashed masses.
Give me a break!
Her stupidity is awesome. She bemoans the “attacks” upon judicial decisions while remaining absolutely blind to how judicial activism has helped destroy the US court system and make judges public villians. Another reason I am so glad she’s gone from the court.
Sandra needs to fade away with all the ex-Washington elite.
I am ashamed to say that she is from Arizona.
That is an incredible comment for a Supreme Court justice to make. The Bill of Rights does NOT enumerate or give us our rights. Our rights are indeed given to us by our Creator. The Bill of Rights is a list of things the federal government may NOT do to infringe upon our rights.
The fact that she, as well as most in congress, has that backwards explains why they are so willing to pass and support unconstitutional laws.
And then she has the arrogance to say that most of the people are ignorant of what the Constitution says and need education. Unbelieveable!
Nobody cares Sandy baby, you had your chance, and now your done.
Sit down and shut up.
The more she talks the more she irrational she sounds, like Carter.
Great point.
There is no court to appeal to, that's higher than the Supreme Court.
Is O'Connor implying that "previous Supreme Courts" are higher than current ones?
WALLACE: When one justice is replaced by another and suddenly the law of the land changes on an issue, can you understand why some people might come to think that the Supreme Court [#2] is less about principle than about politics?O'CONNOR: That's the concern if stare decisis is disregarded. Obviously, that is a concern.
Our legal system is based on that of Great Britain. We just celebrated Jamestown's 400th birthday.
And from my perspective, one of the most important things the settlers of Jamestown did was to import with them the British system of common law.
And under the common law, if an appellate court decides an issue of law, then that's binding on the lower courts [#1] unless and until that appellate decision is modified or changed.
It's called stare decisis, and that's just an important concept under our legal system.
Thanks for the information.
Yes. Nice post!!
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