Hermie
4th August 2010, 08:00 AM
Great article, clearly written.
http://www.redstate.com/minncon/2010/07/29/is-the-judiciary-acting-unconstitutionally-2/
"My interest in this possibility has come about by the enjoining of the State of Arizona from enforcing parts of its new immigration law by ruling of Federal Judge Susan Bolton.
Can anyone name any other branch of the federal government that has such authority, which is akin to a “line-item veto?†The President can’t do it. Members of Congress can’t do it. So how does an unelected official hold the power to pick and choose which parts of a law he or she thinks are acceptable - a law properly passed by the elected representatives of 6.5 million people. Shouldn’t a judge be required to rule up or down on a law in its entirety, just like members of other branches of the federal government are required to do?..."
...
"Noteworthy to me in Section 1 is the idea that “the Congress†is empowered to manage the “business†(the size and scope) of the U.S. judiciary. To me, that implies Congress is pretty much the final arbiter of what the Courts can and cannot do in their daily affairs.
Even more importantly, this section - nor does any other part of the Constitution or the amendments - makes no reference to “lifetime appointments†for any member of any Court. Check it out for yourself.
This stunned me. I’ve always been told that the Constitution requires such lifetime appointments for our highest court. The idea is everywhere - it has somehow become official doctrine. Even in reports prepared for Congress by their official research services, the lifetime appointments for the supreme Court is mistakenly represented to be an idea of the founders’ and actually a part of the Constitution."
...
"How has the Judiciary in general, and Judge Susan Bolton in particular, obtained such authority? If it comes from laws enacted by Congress, then such laws can be undone. If it comes only from rulings by the Judiciary, then it is entirely fraudulent."
Complete article: http://www.redstate.com/minncon/2010/07/29/is-the-judiciary-acting-unconstitutionally-2/
http://www.redstate.com/minncon/2010/07/29/is-the-judiciary-acting-unconstitutionally-2/
"My interest in this possibility has come about by the enjoining of the State of Arizona from enforcing parts of its new immigration law by ruling of Federal Judge Susan Bolton.
Can anyone name any other branch of the federal government that has such authority, which is akin to a “line-item veto?†The President can’t do it. Members of Congress can’t do it. So how does an unelected official hold the power to pick and choose which parts of a law he or she thinks are acceptable - a law properly passed by the elected representatives of 6.5 million people. Shouldn’t a judge be required to rule up or down on a law in its entirety, just like members of other branches of the federal government are required to do?..."
...
"Noteworthy to me in Section 1 is the idea that “the Congress†is empowered to manage the “business†(the size and scope) of the U.S. judiciary. To me, that implies Congress is pretty much the final arbiter of what the Courts can and cannot do in their daily affairs.
Even more importantly, this section - nor does any other part of the Constitution or the amendments - makes no reference to “lifetime appointments†for any member of any Court. Check it out for yourself.
This stunned me. I’ve always been told that the Constitution requires such lifetime appointments for our highest court. The idea is everywhere - it has somehow become official doctrine. Even in reports prepared for Congress by their official research services, the lifetime appointments for the supreme Court is mistakenly represented to be an idea of the founders’ and actually a part of the Constitution."
...
"How has the Judiciary in general, and Judge Susan Bolton in particular, obtained such authority? If it comes from laws enacted by Congress, then such laws can be undone. If it comes only from rulings by the Judiciary, then it is entirely fraudulent."
Complete article: http://www.redstate.com/minncon/2010/07/29/is-the-judiciary-acting-unconstitutionally-2/