The Reasons Judges aren’t Lawmakers

17 06 2008

There are reasons why the Founders instituted the balance of powers. Ever since 1947’s Everson we have seen plenty of them as a result of activist judges.

California’s Supreme Court is the most recent case in point. Yesterday at 5:01 pm, the state of California began legally marrying gays. But what most people don’t realize is that by having a handful of liberal, agenda-driven judges create new law, thus doing the job of the legislators, you don’t actually have a law. You have an opinion. The proper order of events after a decision, is the legislature then creates the law based on the opinion and the governor then has the option to sign or veto the new law.

This is like common sense for those working in the legal field. As such, Liberty Counsel filed a petition last week with the appeals court on behalf of the Campaign for California Families, asking the court to delay issuing marriage licenses to same-sex couples.

“The California Supreme Court only addressed two of the many statutes regarding marriage. You can’t simply address two statutes when there’s literally hundreds of others, all of which reference ‘men’ and ‘women,’ ‘male’ and ‘female,’ ‘husband’ and ‘wife,’ all of which have to be addressed,” Mat Staver explains. (emphasis added)

The Liberty Counsel chairman says failure to take matters such as that under consideration is one of the primary reasons the U.S. and state constitutions do not let judges write laws. “All of the confusion illustrates one point: judges should not be in the business of being politically active lawmakers,” Staver points out.

The appeals court, according to the attorney, should stay the decision to give the legislature time to examine the hundreds of other state statutes that could come into conflict with the Supreme Court’s ruling. “It’s that court which is tasked with implementing the particular ruling. It’s at that level we’re asking, now, this court to do its job, to follow the rule of law and to stay this decision,” Staver says.

Chances of success for Liberty Counsel are slim – the appeals court has a little brother complex in regards to the Supreme Court. Lil bro probably won’t overrule Big bro.

We’ll have to wait until November when the marriage amendment will hopefully be passed. All indications and polls signify it will be. This critical amendment will then nullify every marriage certificate handed out to same-sex couples between today and November 4th.

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8 responses

18 06 2008
Mr. Incredible

==There are reasons why the Founders instituted the balance of powers.==

Not only that, but they put the Legislative first and the Judicial LAST. There’s also a reason for that order.

Although the Senate represents the states, Congress is the “popular” part of government, and this positioning means that the Founder thought that the People are critical to the process and more important than anything, IF the voice of the People coincides with the Constitution.

The People of the State of Kahleeforneeah said twice, if I remember correctly, that they want the definition of “marriage” to be the “union of a man and a woman,” and that does NOT violate any constituion.

I believe that the People of Kahleeforneea are p-o’d and that, this coming November, they will overwhelmingly overturn and override that supreme court decision cuz, I think, they have just about had it with this.

And, by the way, supreme court justices in that state are elected. They will be reminded of this, too, even though I don’t like the idea of electing judges. However, it is what it is, and the process is what it is.

18 06 2008
Mr. Incredible

==This critical amendment will then nullify every marriage certificate handed out to same-sex couples between today and November 4th.==

Then, of course, they will take the matter to the courts cuz they just don’t like the People having the say-so. They want one judge to substitute his opinions for the opinion of the People cuz it’s easier to persuade one than tens of millions.

Now, of course, they will say that the majority isn’t always right/correct.

We can play that game, too.

We must remind them that the minority isn’t always right/correct.

18 06 2008
Truth and Reason

Now, of course, they will say that the majority isn’t always right/correct.

Right, you know they’re ticked off at the way the process is designed to work (a vote by the people) when the comparisons of slavery come into the debate.

18 06 2008
Mr. Incredible

==…when the comparisons of slavery come into the debate.==

We know now that slavery is wrong. Did they know then??? Can we now second guess what they thought and did based on what they had before them? No. Can we accurately put ourselves in their place? No. Who know whether any of us, in that same circumstance, faced with the same things and with the same knowledge, would not have done the same thing.

Anyway, as I say, when they bring that up, saying that the majority isn’t always right/correct, we need to respond by saying that the minority is not always right/correct, and, in fact, the vast majority of the time, is wrong.

If the minority is correct/right, then those who claim to be bigger than God with their intelligence, empiricism, reason and logic can make more of a case than “the majority isn’t always right/correct.” And, yet, they don’t and can’t.

19 06 2008
Jesse

How many left-handed children over the years were forced to use their right hands in school? Then criticized for not being able to write as well?

We need only go back a few generations and it was common place for teachers to enlisted the rest of the class to “correct” a left-handed boy every time he was caught using that hand. The church told kids that the right side was the angels’ side, and the left side was the devil’s. They backed this up with scriptural teaching, that Christ had said the saved sheep would be placed on the right, and the lost goats would be placed on the left. (Matthew 25:23) Christ is depicted as sitting at the right hand of the father. (Acts 2:33) Sitting at the right hand, or being touched with the right hand, is traditionally thought of as the position of favor. (Genesis 48:17) So people had reason to use the Bible to condemn left-handed people.

*begin sarcasm*

Left-handers are clearly a minority. The world and society are set up for right handed people. Getting left-handers to change their natural inclination and use the “correct” side would only be doing them a favor, since they would no longer have to fight the tide. Certainly being required to accommodate left-handers presents an inconvenience. Making sure there are left-handed scissors available, changing the construction of school desks so that they are not biased toward right-handed students, taking extra time to teach left-handed students to position their paper in a way that would make it more comfortable for them to write. Why should the world change to accommodate a minority?
*end sarcasm*

Gay, left-handed, female, ethnic minority, any one of those can be preached against using Biblical or religious arguments. The simple truth is the bible can support any argument and can be skewed to benefit any view point. The stories in the bible may be the word of God but the bible was written by man, man is not infallible no perfect. Therefore by simple logic since the bible was physically written by man and man is not perfect the bible as we see it now must not be perfect. God told Adam not to eat from the tree and he still did. I highly doubt he had total control over those who wrote the bible.

“I will smite thee for not putting a comma there!”

19 06 2008
Truth and Reason

Gay, left-handed, female, ethnic minority, any one of those can be preached against using Biblical or religious arguments.

I appreciate your points, but it’s important to read the bible in proper context, as it is with the Constitution and any other historical or legal document.

In context, the bible does not teach anything against left-handers, females, or race. It is crystal clear in labeling homosexuality a sin.

And yes, the bible was physically written by imperfect men. Regardless, it is the book that is referenced the most by far during the Constitutional convention. The Founders thought it trustworthy enough to base most of our laws on its teachings. So shall we, even when discussing matters of the Constitution.

20 06 2008
Mr. Incredible

==…the bible can support any argument and can be skewed to benefit any view point. ==

The Word of God is explicit in condemning what we now call “homosexuality.”

It also refers to the man-as-husband-and-woman-as-his-wife, matrimonial unit. No mention of a so-called “same-sex” matrimonial unit. If God thought so-called “same-sex ‘marriage'” as equal to His joining of a man, as husbannd, and a woman, as his wife, He most certianly would’ve spent the time and energy to instruct them as much as He instructed the spirits of Man in heterosexuality. But no.

==The stories in the bible may be the word of God but the bible was written by man.==

Except:

(Gal 1:12) For I neither received it of man, neither was I taught it, but by the revelation of Jesus Christ.
(2Ti 3:16) All scripture is given by inspiration of God, and is profitable for doctrine, for reproof, for correction, for instruction in righteousness:
(2Pe 1:21) For the prophecy came not in old time by the will of man: but holy men of God spake as they were moved by the Holy Ghost.

20 06 2008
Mr. Incredible

==by simple logic…==

(Col 2:8) Beware lest any man spoil you through philosophy and vain deceit, after the tradition of men, after the rudiments of the world, and not after Christ.
(2Co 10:4) (For the weapons of our warfare are not carnal, but mighty through God to the pulling down of strong holds;)
(2Co 10:5) Casting down imaginations, and every high thing that exalteth itself against the knowledge of God, and bringing into captivity every thought to the obedience of Christ;
(Col 2:3) In whom are hid all the treasures of wisdom and knowledge.

In the Garden, the Devil approached Eve with “simple logic.”

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