Abuse of Powers by Our Courts??


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Here are some interesting things I found while “surfing the Internet” for something else. I have felt for some time that our courts violate the the Constitution frequently by violating the “separation of powers” in the Constitution and by violating many of our basic rights. But I feel there is another issue here that is violated more frequently and therefore creates a dangerous precedence if allowed to continue. The separation of powers was also intended to be a form of “checks and balances” by the three divisions. However who applies the “checks and balances” over our court systems, especially the Supreme Court which has blatantly stripped away the rights of Americans for decades. The issue I raise here is not whether or not you agree or disagree with the laws below. The issue is the manner in which our courts by their action or inaction control our legislative branches illegally with politically based agendas!!!

Article 11 (??) of the Bill of Rights. Did you know there was an Article 11? The Second Amendment of the Constitution and the Courts refusal to recognize or rule on the Amendment by clever avoidance of the Court’s responsibilities:

“Supreme Court Decisions

Some Cases Taken, Some Refused

The Second Amendment is the orphan of the Constitution. Beginning in the 1930s, the Supreme Court has “incorporated” all but one of the eleven Amendments in the Bill of Rights as basic rights applicable to the states by way of the 14th Amendment. (Yes, the Bill of Rights has eleven Articles. The 27th Amendment, drafted by James Madison in 1789 as part of the Bill of Rights, was not finally ratified until 1992.)

By refusing over the years to recognize that the Second Amendment guarantees a right just as basic as the others, the Court has deliberately left it out in the cold, unworthy of incorporation and application to states and localities as well as to Congress.”

“Lower Court Cases”

Here is a far reaching State Court Case that has profound impact nationally. This particular case concerns same sex marriage. However, there is a larger issue here. The situation created below could be used in any case where one desired a law passed of national importance without regard for individual state’s rights:

1). “”The “Homosexual Marriage” Case

The Supreme Judicial Court of Massachusetts decided Goodridge v. Department of Public Health, No. SJC-08860, on 18 November, 2003. In its 4-3 decision, that court decided that homosexuals had a constitutional right to “marry” in that state. This case was decided under the Massachusetts Constitution, not the US Constitution, so there is no immediate federal question under which this case could be reviewed by the US Supreme Court.

However, under the Full Faith and Credit Clause of the US Constitution, legal decisions and conclusions in one state are generally required to be respected and followed in other states. Concerning marriage itself, a couple who have married in one state can expect to be accepted as a married couple when and if they move to another state.”

2). Here is an excerpt from an interesting court case the Supreme Court refused to hear. It is clearly is a violation of the “separation of powers” so basic to our Constitution. Read on:

“The “Courts are the Same as Legislatures Case

….This is a distressing decision for two reasons. The first is that the Colorado Court is counting the actions of the judiciary in imposing a prior redistricting plan as the equivalent of the legislature enacting a plan. It is necessarily saying that when a court acts and takes a decision out of the hands of the legislature intended to make that decision, that is exactly the same as if the legislature had acted.

The second reason this decision is distressing is it increases the politicization of the courts of America. Clausewitz said that, “War is diplomacy by other means.” Increasingly, both federal and state courts are saying, by inference, “Litigation is legislation by other means.” This is a direct assault on the separation of powers in the state constitutions and the federal one. We have addressed this issue in these pages many times before, and will be brief at this point:…”

[edited for spelling errors]

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~ by devildog6771 on March 29, 2005.

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