judiciary

Judges, marriage and self-government

In referring to our form of government, Alexander Hamilton once said, “Here sir, the people govern”.  But given the actions of some of the more arrogant members of our judiciary, there seems to be room for doubt.

In 2000, the people of California approved a statewide referendum defining marriage in that state as the union of one man and one woman, but in 2008 their state supreme court threw out that law (by a four to three vote of the court).  So in November, 2008 voters approved a state constitutional amendment to overturn their supreme court’s decision and again take control of the definition of marriage in their state, just as voters in over thirty states have done.

Time for the GOP to adopt the "Schumer Doctrine" on judges

It seems that every time we have a contentious judicial nomination process, especially for the Supreme Court, a great fuss is made over not asking certain questions.  More to the point, we're told that nominees should not answer questions that could disclose how they may rule on certain issues in the future.

Hogwash.

The problem with this notion is that the federal judiciary has grown ever more powerful over the years versus our other branches of government.  Further, the Supreme Court is held to be the final arbiter of what the Constitution actually "means" at any given point in time - information that's surely useful to the people that document is meant to govern.

Hooray for the Supreme Court

Hooray for the Supreme Court. Yes, believe it or not, they actually do deserve some praise. Specifically the members of the majority who recently held that Vermont's restrictive campaign finance laws violated the First Amendment's free speech provisions.

 

This development comes at an opportune time in our political history. Currently, our free speech rights are besieged by politicians using the boogeyman of political corruption to build support for laws which themselves corrupt our political system by limiting our ability to participate in it.

 

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