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Old 06-16-2011, 07:27 PM
Chris F
Posts: n/a
Default Judicial Tyranny

Judicial Tyranny rides again
Judicial tyranny seems to be a regular occurrence theses days. This past week we saw a glaring example of this in the cases in Wisconsin and California. Both times the will of the people was subverted , not by law, but by the opinions of black robes who think they can make law from the bench, instead of just up holding the intent of the law.

In the Wisconsin case, the judicial branch at the Supreme level got it right, when they overruled a county judge who halted legislation on bargaining laws in that state. Not all cases end on such a happy note. The fact that the county judge even pushed his opinions in the first place was appalling. A judges job is clearly to uphold the law, not interject their voice in the case. As is the everyday occurrence of this these days. Many judges have either used foreign laws to uphold their opinion or they have just outright used their own twisted opinions to mold the law into their view, and thus changing the meaning, to get the result they want. This is not at all what the founders intended, but it was exactly what Thomas Jefferson knew was going to happen when judges were placed out of the control of the people. Here are but a few quotes from him on this:

"The dignity and stability of government in all its branches, the morals of the people and every blessing of society depend so much upon an upright and skillful administration of justice, that the judicial power ought to be distinct from both the legislative and executive and independent upon both, that so it may be a check upon both, as both should be checks upon that." --Thomas Jefferson to George Wythe, 1776. Papers 1:410

"The Constitution of the United States having divided the powers of government into three branches, legislative, executive, and judiciary, and deposited each with a separate body of magistracy, forbidding either to interfere in the department of the other, the executive are not at liberty to intermeddle in [a] question [that] must be ultimately decided by the Supreme Court." --Thomas Jefferson to Charles Hellstedt, 1791. ME 8:126

"A judiciary independent of a king or executive alone is a good thing; but independence of the will of the nation is a solecism, at least in a republican government." --Thomas Jefferson to Thomas Ritchie, 1820. ME 15:298

"At the establishment of our Constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions nevertheless become law by precedent, sapping by little and little the foundations of the Constitution and working its change by construction before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life if secured against all liability to account." --Thomas Jefferson to A. Coray, 1823. ME 15:486

"If, indeed, a judge goes against the law so grossly, so palpably, as no imputable degree of folly can account for, and nothing but corruption, malice or wilful wrong can explain, and especially if circumstances prove such motives, he may be punished for the corruption, the malice, the wilful wrong; but not for the error: nor is he liable to action by the party grieved. And our form of government constituting its respective functionaries judges of the law which is to guide their decisions, places all within the same reason, under the safeguard of the same rule." --Thomas Jefferson: Batture at New Orleans, 1812. ME 18:130

So as you can see Jefferson was right. The will of the people is never upheld when judges do their own thing without recourse from the people whom they are suppose to protect. The federal government and state governments have for to long used judicial tyranny to rip the rights of it people everywhere. No greater example of this is the federal case Roe V wade. A case that had no business being brought up in the first place. Several black robes invented a right not in the constitution, thus creating a law by doing so and circumventing the 10th amendment and the unborn child’s 5th amendment right.

The case in California is another glaring example of judges overriding the people’s voice. A gay judge who sympathized with the homosexual community overturned a law passed by the will of the people all because he agreed personally that it was wrong and , though he will not admit, had a desire to marry his gay lover. This time the upper lever court got it wrong and upheld the bad decision and tyrannized the will of the people. The judge in the case did not cite any law or constitutional right that this law violated. He tried to turn it into a civil rights issue and marriage is not a civil right and sexual choices is not a right either. However what can you expect form a mindset that is the breeding ground of socialism. These same people want to ban goldfish, serve sushi in school lunches, and is financially and morally bankrupt.

If we are to ever return our country to its roots we must curb judicial tyranny. However do we really want to change this federal empire. The real revolution must come from the states and local governments first. Before we can change the empire we must change our cities, counties, and states. If that does not work we can always move to Texas and join them in their fight for secession. The founders were clear and the judges must be brought back in line. I encourage your to reread the quotes again and read these as well.

Each State, in ratifying the Constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act. In this relation, then, the new Constitution will, if established, be a FEDERAL, and not a NATIONAL constitution. — James Madison, Federalist No. 39 (emphasis in the original)

The basis of our political system is the right of the people to make and to alter their constitutions of government. — George Washington
[W]hen all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the center of all power, it will render powerless the checks provided of one government on another. — Thomas Jefferson
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