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Last week the California Supreme Court struck a body blow to the principle of government of the people, by the people and for the people.
The state's high court struck down a ban on same-sex marriage passed by a whopping 61.4 percent of voters in 2000. By a slim 4-3 majority, the court nullified the vote of the citizens of California and substituted its own judgment for that of the people. The court ruled that the ban violated the equal protection clause of the constitution because it discriminated on the basis of sexual orientation. Never mind that, since time immemorial, marriage has represented the union of one man and one woman. And never mind that the California Constitution does not create an exception to the rule for same-sex couples.
The American people have become all too familiar with the drill. The legislature passes a law banning abortion and the court overturns it. Children try to pray in school and the courts forbid it. The citizenry takes a stand for heterosexual marriage and the courts undercut it, branding them "bigots" in the process.
Activist judges are substituting their judgment for that of the American people and undermining the right of the people to govern themselves. In doing so, they are misrepresenting the requirements of the Constitution, and the American people are standing idly by as if there is nothing they can do about it. The other two branches of government—the legislative and executive branches—are standing idly by as well. Indeed, they have aided and abetted the judicial usurpation of authority by cowering at the feet of judges who are misrepresenting the provisions of the Constitution. The elected branches have done nothing to implement the checks and balances available to them to rein in a runaway judiciary. They simply furrow their brows and wring their hands while judicial activists run away with our democracy. In its place, these activists are substituting a judicial oligarchy.
Some believe that the solution to the problem is to pass constitutional amendments aimed at overturning the court decisions. They believe that adding new words to our state and federal constitutions will solve the problem. They are wrong!...............................
Activist Judges Undermine Government by the People
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I am obliged to do only modest excerpts from the Orlando Sentinal, although the article is informative at the link. Just as well, as my stomach is too tender today to ponder the thought of a national Charlie.
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Combined with age restrictions that will force out two more judges next year, Crist will be able to name four justices to the seven-member court in his first term -- assuming he doesn't leave office to serve as John McCain's vice president.
"Historically, I don't think a governor's been in that position before," said retired Justice Stephen Grimes, a lawyer with Holland & Knight in Tallahassee. "He's got some heavy decisions to make."........
Another justice leaving Florida Supreme Court
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