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Mad Judiciary Strikes Again
MND ^ | May 14, 2005 | Lee Duigon

Posted on 05/14/2005 2:30:30 PM PDT by Nasty McPhilthy

Well, a federal judge has done it again--nullified the results of an election. And as usual, he did it for the very best of reasons: the ACLU asked him to.

The victim this time is the people of Nebraska, who voted by an overwhelming margin (70% to 30%) to amend their constitution. The trigger man this time is a federal judge named Joseph "Election? Don't make me laugh! HAHAHA!" Bataillon.

Get this: Bataillon ruled that it was unconstitutional for the people to amend their constitution. Bypassing those shibboleths currently in vogue among his judicial colleagues--Canadian law, European Court rulings, and personal pique--Judge Bataillon went straight for pure illogic.

Hey, Joe--hadn't you better look over the rest of the Nebraska constitution? You might find some more parts that strike you as "unconstitutional." Of course, you don't have to explain how anything that's in a constitution can be unconstitutional. Judges never have to explain anything.

Why don't you take a crack at the U.S. Constitution, while you're at it? If the people of Nebraska can get it wrong, probably our country's founders screwed up, too.

Oh--I forgot. The U.S. Constitution has already been deemed "a living constitution" by enlightened liberal law professors. Sort of like "living" rules of poker, under which two pair sometimes beats a full house, if a judge happens to think so at the time. Especially if it's the ACLU's two pair.

It's hardly necessary to say that Judge Bataillon and the ACLU voided an election to keep the clock running for same-sex "marriage." The people of Nebraska amended their constitution to preserve the definition of marriage, reserving it to one man and one woman. Judge Bataillon says they can't.

But this is not only a moral issue. Judge Bataillon and his colleagues are busy setting up a judicial oligarchy in America. Same-sex "marriage" today, something else tomorrow. They won't stop until they've taught the American people that elections are futile: that there's only one opinion that matters--a judge's.

Are you getting the message, people? You can vote on referenda, you can elect legislators and governors, and they can enact or repeal laws until you're all blue in the face--and none of it matters. The only thing that matters is what the judges think. You are not citizens, but subjects. Now shut up and pay your taxes.

The ball's in your court, people. Day by day, case by case, the judges are eroding your republic, stealing your sovereignty, erasing your liberty.

Ironic, isn't it, that while we spend our blood and treasure to bring democracy to the Middle East, we're allowing it to be taken away from us at home.

Lee Duigon


TOPICS: Government; US: Nebraska
KEYWORDS: constitutionstein; josephbataillon; judicialactivism; judiciary; marriageamendment; ruling
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1 posted on 05/14/2005 2:30:30 PM PDT by Nasty McPhilthy
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To: Nasty McPhilthy

Impeach him.


2 posted on 05/14/2005 2:32:06 PM PDT by FrogMom
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To: FrogMom
"Impeach him."

That's exactly what needs to be done, and soon.

3 posted on 05/14/2005 2:38:43 PM PDT by davisfh
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To: Nasty McPhilthy
it was unconstitutional for the people to amend their constitution

People governing themselves. Whoever made up this lame brain idea anyway? Commoners are too stupid to know what they want. Just pay two-thirds of your income to various governments and shut up already. /sarcasm

4 posted on 05/14/2005 2:39:34 PM PDT by PistolPaknMama (Will work for cool tag line.)
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To: Nasty McPhilthy
That's why I'm a staunch advocate of abolishing judicial review. It all comes down really, to one question: who is the master of the American house: the people or the judges?

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
5 posted on 05/14/2005 2:41:41 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Nasty McPhilthy

The judges prose a real threat to our freedom. They have been grabbing more and more power. They not even legalized porn but now they said some types of child porn are legal.


6 posted on 05/14/2005 2:43:42 PM PDT by Dante3
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To: goldstategop
It all comes down really, to one question: who is the master of the American house: the people or the judges?

Awww, you must not have been paying attention, this is a no brainer.



It's the judges...silly. Now give me my "A+" please.

7 posted on 05/14/2005 2:48:33 PM PDT by Just A Nobody
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To: Nasty McPhilthy
Bataillon was a Nebraska chairman for the DNC before becoming a judge. He was also appointed by Clinton.
Because of his left wing bias, he should have let an honest judge take the case.

I hope this gets to the Supreme court. Let's see if they think a Constitutional Amendment is unconstitutional !!

Right wing Judaical nominees will be in huge demand after this homo fiasco! The Constitutional option is now even more welcomed!

8 posted on 05/14/2005 2:49:22 PM PDT by concerned about politics (Vote Republican - Vote morally correct!)
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To: Nasty McPhilthy

Judge Bataillon is a 1997 Clinton appointee. Interestingly, he was unanimously confirmed (as in 100 - 0) by the Senate.


9 posted on 05/14/2005 2:51:09 PM PDT by blau993 (Labs for love; .357 for Security.)
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To: goldstategop
That's why I'm a staunch advocate of abolishing judicial review.

I disagree. I think judicial review is a fine principle, but we must remember that impeachment is as well. This judge clearly overstepped - by leaps and bounds - his judicial authority, and ought to be impeached for it.

10 posted on 05/14/2005 2:53:12 PM PDT by Zero Sum (Marxism is the opiate of the masses.)
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To: Nasty McPhilthy
The word for this is krytocracy. If judges exercise this kind of power then we are no longer a representative democracy, we are being ruled by a government where power is vested in judges, a krytocracy...

All the more reason for ending the Senate Democrats obstruction on President Bush's judicial appointments... The Dems recognize that a krytocracy where they control the judicial appointments is their only hope for holding power...
11 posted on 05/14/2005 2:58:10 PM PDT by RedEyeJack
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To: Zero Sum
I disagree. Judicial review is basically giving ONE man the right to strike down laws on a whim. We don't give any elected official in our constitutional system of government that kind of unchecked power. Why should judges be a law unto themselves?

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
12 posted on 05/14/2005 2:58:56 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: RedEyeJack
The word for this is krytocracy.

In which language? Can't seem to find it in any dictionary. Please source.

13 posted on 05/14/2005 3:05:19 PM PDT by savedbygrace ("No Monday morning quarterback has ever led a team to victory" GW Bush)
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To: Nasty McPhilthy
When that judge in Nevada, or was it Utah?, ruled that a statewide voter referendum on capping school expenditures was not an issue for the voters to decide on, overturning the election referendum, I knew we were done, friccase'd, flambe'd, and without basting or tenderizing first.

I never realized "Here come da judge" was played to the tune of Hail to the Chief.

Oddly n'uff though, judges somehow think this is under our radar. When the constitution provided for the replacement of our government should we find it neccessary, that included the judiciary. Somehow the ruling judicial class thought we voted for our representation like it was ferocious materbating and that was all we could do.

Well, people are going to start looking under those robes. The judiciary is also soft in the underbelly. Pen and paper warriors take refuge!

14 posted on 05/14/2005 3:09:29 PM PDT by blackdog (How are the ones and zeroes treating you today?)
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To: Nasty McPhilthy
I agree with this rant. It was precisely the same sort of constitutional dishonesty, among a majority of the Justices of the Supreme Court, which caused me to resign in disgust from the Bar of that Court.

It is not the job of judges/Justices to write the laws. That job belongs to the state legislatures and the Congress. It is not the job of judges/Justices to amend the constitutions. That power belongs to Congress, the state legislatures and to the people, as specified in the amendment clauses of those constitutions.

Judges who want to legislate should resign from the bench and run for legislative offices. Judges who cannot bring themselves to obey and enforce the laws given to them, should RESIGN.

Oulaws who wear masks and carry guns threaten us only one at a time. Outlaws who wear black robes and carry gavels threaten all of us at once. We need honest judges who will obey and enforce the laws. And that means we have to step all over the Democrats in the Senate like cockroaches in a corner.

Congressman Billybob

Latest column: "We Have Seen the Light"

15 posted on 05/14/2005 3:09:54 PM PDT by Congressman Billybob (For copies of my speech, "Dealing with Outlaw Judges," please Freepmail me.)
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To: blau993
At the time they voted 100 to 0 on his confirmation, the senate was celebrating it's togetherness and unanimous consent to drain your wallet, dumb down your kids, sell WMD's and the tooling to mass manufacture them to China, toasting North Korea with champagne, the next invitation to a Gary Condit show titled, "Walls in Spunk", Barney Frank's call forwarding service, and the brilliant workmanship of the Clintons art of making non-decision decisions.

It was good times for all. Except Americans.

16 posted on 05/14/2005 3:18:29 PM PDT by blackdog (How are the ones and zeroes treating you today?)
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To: goldstategop
The prerogative of judicial review never belonged to this federal judge to begin with. It only belongs to the Supreme Court, to declare unconstitutional laws that are abhorrent to the Constitution.

I'll give an example: The Supreme Court declared the line-item veto unconstitutional because it gave extra-Constitutional legislative power to the executive. The only Constitutional way to make such a law would be through an Amendment.

But when the courts decide to declare something unconstitutional based on foreign law or their own personal whims - which has happened all too often recently - it is prudent for Congress to use their Constitutional power of impeaching these rogue judges.

17 posted on 05/14/2005 3:19:56 PM PDT by Zero Sum (Marxism is the opiate of the masses.)
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To: Congressman Billybob
And that means we have to step all over the Democrats in the Senate like cockroaches in a corner.

I like that! I agree!

18 posted on 05/14/2005 3:21:49 PM PDT by concerned about politics (Vote Republican - Vote morally correct!)
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To: Zero Sum
Impeachment will not do the job. The only way is to remove judges' unchecked power is by terminating their prerogative to declare laws unconstitutional. It would dramatically diminish the role of the judiciary in American life and that alone would be a healthy thing. To safeguard against unconstitutional excess, the people would need to vote for their lawmaker's constitutional stand. No longer would legislators be able to hide behind the courts. They would have to inform the people on what they think the Constitution means.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
19 posted on 05/14/2005 3:24:44 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Zero Sum

The reason that this is happening, that being judicial tyrany outside the USSC, is that the USSC is way too selective in hearing cases and arguments which are vital to projecting it's role. The USSC hides from more cases needing constitutional clarity than it actually hears before it. If the USSC would begin with a couple headbangers that would shake the foundations of the nationwide judicial funpark, it might serve to tug on the leash a bit.


20 posted on 05/14/2005 3:24:49 PM PDT by blackdog (How are the ones and zeroes treating you today?)
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