Legislating from the Bench and Checks and Balance


There have been significant news these past weeks: Economy still tanking, Ground Zero Mosque issue and the president’s 24 hours change of tune, Iraq and Afghanistan situation, Prop 8, result of primaries in some states.

I hope you are keeping up with the news.

A good friend just sent me an article he wrote regarding Judge Walker’s decision to invalidate Prop 8 passed by majority of California voters. Please read and feel free to comment.

Our government has three branches: Executive, Legislative, and Judicial. The founders established this for the purpose of checks and balance. No one branch, section, or person(s), of government should have unfettered power; that will be dangerous in trending towards a dictatorial style of governance.

How are the branches of our government doing?

When you hear that our Administration and congress passed laws regardless of overwhelming opposition, it is a cause for concern. Liberal judges rule against laws already on the book, it is a cause of concern.

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By E N

Recent over-rule of Prop 8 by Judge Walker, a gay man, clearly showed a bias. He should have recused himself. By contrast, a brave Justice on the Calif Supreme Court, Judge Carol Corrigan, said that even though she personally was sympathetic to gay marriage, she did not feel that in good conscience she could over-rule the will of the Calif people. (Walker’s excuse — since Prop 8 affects both gays and straights, should everybody recuse? My answer — no, it does not affect straight status in the very direct way that it affects gay status.)

In the reverse, AG Jerry Brown is judge and juror and not AG. Even though his job is to defend Prop 8 passed by the people, as he promised in his previous campaign, he has joined the Governor to attack Prop 8, claiming the right to defend the Constitution. By contrast, the AG in AZ, who disagreed with the new immigration statue, is at least honest enough to recuse himself.

While people claim and quote Constitution left & right, they’re actually practicing their “Prostitutional” right, i.e., selling their souls to their special interests groups. This is one case where Cons is better than Pros.
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About pnclaw

I am not a political activist, but I am paying attention to what's happening in our beloved country, especially for the sake of my grandchildren. I hope you are too.
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2 Responses to Legislating from the Bench and Checks and Balance

  1. Anna says:

    As much as I am a proponent of prop 8, I must insert a comment here re our country’s system of checks and balances. Judge Walker did not just get up one morning and decided to overrule prop 8. His decision resulted from prop 8 being challenged, which in itself is a form of checks and balance against populace rule. Ironically, this is our system of government at work. Built into our system is the ability to challenge laws that are written. All political camps have tried to do so to promote their respective ideologies. Though we as citizens should continue to fight for what we believe in, the tide of our culture may not be on our side.

  2. pnclaw says:

    Thanks for your comment, Anna.

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