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JUDICIAL TYRANNY
The Washington Times
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| Richard Lessner
Posted on 08/16/2003 11:00:36 AM PDT by webber
Edited on 07/12/2004 4:06:54 PM PDT by Jim Robinson.
[history]
One of the greatest contemporary threats to the survival of republican government arises from the courts. Increasingly, judges are behaving like black-robed autocrats, not simply ruling upon the law, but making law.
In California, the U.S. 9th Circuit Court of Appeals found the Pledge of Allegiance unconstitutional because it refers to "One Nation, Under God," allegedly violating the First Amendment's "establishment clause."
(Excerpt) Read more at dynamic.washtimes.com ...
TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; War on Terror
KEYWORDS: constitution; courts; judicialtyranny; judiciary; lawrencevtexas; richardlessner; scotus
1
posted on
08/16/2003 11:00:37 AM PDT
by
webber
To: webber; Torie; Sabertooth; inquest; Hacksaw; JohnHuang2; deadhead
Pretty good article on the oligarchs.
2
posted on
08/16/2003 11:04:28 AM PDT
by
jwalsh07
To: jwalsh07
Not to mention that a Federal Judge may sabotage the California recall election on phony grounds of "disenfranchisement" of minority voters.
To: webber
In her opinion in the University of Michigan affirmative action case, U.S. Supreme Court Justice Sandra Day O'Connor admitted that the plain language of the 15th Amendment prohibits the government from making any discrimination among citizens on the basis of race. Nonetheless, Justice O'Connor asserted that a "compelling state interest" in diversity trumps the plain meaning of the Constitution. This pisses me off every time I read it.
4
posted on
08/16/2003 11:21:20 AM PDT
by
Lunatic Fringe
(When news breaks, we fix it.)
To: webber
I swear.... Sometimes I feel like the little Dutch boy with his finger in the dike. So much to do, so little time to stop the tidal wave....
5
posted on
08/16/2003 12:44:59 PM PDT
by
Humidston
(Do not remove this tag under penalty of law)
To: webber
Face it: We're going down unless the Republican held Congress gets to work on judicial nominations. I wouldn't put one bill on the floor until they are voted on. I'd make the Rats stay in session day and night until it happened.
6
posted on
08/16/2003 12:48:03 PM PDT
by
Glenn
(What were you thinking, Al?)
To: Glenn
My thoughts exactly! The filibusters of the judicial nominees is not getting enough coverage and looks like many Americans do not realize how these liberal judges are changing America...and not for the better. I've called Bill Frist's office and the Republican National Committe re the judicial nominees and, unfortunately, feel like I get "lip service". I've also emailed the judicial committee but don't expect much from the Dems. I don't understand why Frist doesn't force a true 24x7 filibuster. And if any Republican doesn't show up....they should go to the Gray Davis land of recall! I have become very discouraged (no more $$ contributions) with the Repub Party due to the lack of ACTION on the judicial nominees.
7
posted on
08/16/2003 1:18:16 PM PDT
by
4integrity
(AJ)
To: Lunatic Fringe
This pisses me off every time I read it.Me too. I think of it as the "But I really, really want to!" doctrine.
To: webber
In her opinion in the University of Michigan affirmative action case, U.S. Supreme Court Justice Sandra Day O'Connor admitted that the plain language of the 15th Amendment prohibits the government from making any discrimination among citizens on the basis of race. Nonetheless, Justice O'Connor asserted that a "compelling state interest" in diversity trumps the plain meaning of the Constitution.
I'm frightened for this nation. We had better turn the courts into judicial courts before violence becomes the only remedy.
9
posted on
08/16/2003 1:25:40 PM PDT
by
gitmo
(Moderation in all things? Isn't that a little extreme?)
To: webber
I'm afraid if this kind of disregard for the law continues it could push this country into a civil war.It appears the judges have less respect for the law than the(so called)criminals they pass sentence on.
To: Glenn
"We're going down unless the Republican held Congress gets to work on judicial nominations" You're assuming that any of our Republican congressmen are going to sprout a pair...I'm not holding my breath.
Nice to see you back posting again. I hope you're doing well.
11
posted on
08/16/2003 1:45:41 PM PDT
by
sweetliberty
("Having the right to do a thing is not at all the same thing as being right in doing it.")
To: 4integrity
"I don't understand why Frist doesn't force a true 24x7 filibuster" That's exactly what should happen, but I suppose that would upset their 9-5 routine. Besides, it takes conviction and courage and tenacity to make any real difference. The democRATs believe in their own power above all else and they will do whatever it takes to have it. It is sometimes hard to tell what the Republicans in Congress believe in. It doesn't seem there is anything they believe in enough to risk taking a real stand for.
12
posted on
08/16/2003 1:52:26 PM PDT
by
sweetliberty
("Having the right to do a thing is not at all the same thing as being right in doing it.")
To: webber
Denying the federal courts jurisdiction under the Exceptions Clause may be the best option available to rein in a runaway judiciary. As Justice O'Connor's opinion in the affirmative action ruling illustrates (as does the Nevada court's lawless order in the tax case), many judges are willing simply to ignore constitutions and the expressed will of the voters.
Conservatives and libertarians who once viewed the judiciary as the final bulwark against government tyranny must now accept that no branch of government even remotely performs its constitutional role. ...It's time for the executive and legislative branches to show some backbone, appoint judges who follow the Constitution, and remove those who do not." --Ron Paul 13 August 2003, Federalist No. 03-33, Wednesday Chronicle
The electorate must demand that Congress act in accordance with the testimony presented in Congress, the Court, and the Constitution
...the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them.... The judiciary...has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
...It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power1; that it can never attack with success either of the other two; and that all possible care is requisite to enable it to defend itself against their attacks. ... from the natural feebleness of the judiciary, it is in continual jeopardy of being overpowered, awed, or influenced by its co-ordinate branches; and that as nothing can contribute so much to its firmness and independence as permanency in office, this quality may therefore be justly regarded as an indispensable ingredient in its constitution, and, in a great measure, as the citadel of the public justice and the public security.
1 The celebrated Montesquieu, speaking of them, says: "Of the three powers above mentioned, the judiciary is next to nothing.'' "Montesquieu: The Spirit of Laws.'' vol. i., page 186. The Avalon Project : Federalist No 78
Why bother voting when the judiciary can knock down laws like so many bowling pins? The Case for Impeaching Rogue Judges & A Republic, If You Can Keep It
To: Humidston
"I swear.... Sometimes I feel like the little Dutch boy with his finger in the dike."
Speaking of Janet Reno....wonder how she's doing....
14
posted on
08/16/2003 2:00:55 PM PDT
by
TRY ONE
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