Time: Sat Mar 01 13:32:05 1997
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Date: Sat, 01 Mar 1997 13:14:31 -0800
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From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: "Reviewing the Judiciary"
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"Reviewing the Judiciary"
by
Cecil Ringgenberg
Staff Writer
The Reporter
Placerville, California
December 27, 1995
The people of this nation have recently been subjected to
egregious wrongs by a bloated state and federal government.
Repressive taxation, unresponsive bureaucrats, unjust judges and
endless red tape are destroying America. Since many of these
wrongs stem from judicial decisions, it is time to scrutinize the
judiciary.
Basically, America's government lacks accountability. There
can be no accountability without recognized standards and a
mechanism of enforcement. The Constitution authorizes the
judiciary to enforce accountability, but poor decisions by weak
or corrupt judges have created a reservoir of case law which
permits even worse decisions in the future.
One weakness in the judiciary is that federal judges are
appointed for life with no possibility of voter review. No one
should be appointed to anything for life. Power corrupts, and
absolute power corrupts absolutely. Our Constitution does not
actually provide for lifetime appointment of judges; it provides
that they shall serve during "good behavior." (Article III
Section 1) "Good behavior" implies accountability to the people.
Besides the corrupting influence of power, the problem of
poor judicial decisions stems from falling away from the
standards of society that our Founding Fathers relied upon, the
guiding rules from the Bible. Lacking a set of standards, modern
judges cannot even hold their own profession accountable through
judicial review.
Because of bad courtroom decisions, common people do not
respect lawyers or judges, with good cause. Judges have forced
bizarre solutions on society which have caused harm both to
individuals and to society itself.
Consider recent rulings involving self-defense. You may
presently be held liable for injuring a criminal while defending
yourself or your loved ones from attack. Since accused criminals
have more rights than their victims, perhaps the entire legal
code should be rewritten to protect victims' rights rather than
criminals' rights. At the very least, fairness, truth and equity
need to be reestablished in the judiciary.
Another problem with judicial power is that every initiative
enacted by the people through the ballot box must run the
gauntlet of judicial review. How can a panel of judges overturn
an edict enacted by the people? Who's in charge? When was the
judiciary permitted to legislate?
Those who represent us in government, including judges,
should be made responsive to "We the People" by a simplified
recall procedure. After all, officials are our servants, not our
masters. As such, all bureaucrats, including the judiciary,
should serve at the pleasure of the people. Only what is checked
up on will ever be done. It is up to us to make officials
accountable. It is time for the people to judge the judiciary.
# # #
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Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness
email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU
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