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Your Imperial Courts: "You Say You Want A Revolution"?

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Bloviating Zeppelin: Your Imperial Courts: "You Say You Want A Revolution"?

Bloviating Zeppelin

(in-ep-toc'-ra-cy) - a system of government where the least capable to lead are elected by the least capable of producing, and where the members of society least likely to sustain themselves or succeed, are rewarded with goods and services paid for by the confiscated wealth of a diminishing number of producers.

Saturday, June 14, 2008

Your Imperial Courts: "You Say You Want A Revolution"?


[NOTE: many will likely be blogging about the passing of Tim Russert. I did not watch Meet The Press nor did I know about Russert or much care. However, my sympathies are obviously extended to the Russert family, his wife Maureen and son Luke; no one should pass at the young age of 58. -BZ]

The Supreme Court of the United States recently ruled along a strict liberal bent that the Guantanamo Bay detainees have the same rights as anyone else in custody in the United States to contest their detention before a judge, that they are due civil trials despite the fact that they are enemy combatants completely disavowing and abrogating any and all Geneva Convention rules, and seek the complete downfall of this nation and all Western culture.


Upon reading the opinion in Boumediene v Bush, one must conclude that the majority knew where they wanted to go and simply had to figure out how to get there. The trip was not a pretty one. How could it be when the justices seemingly wrote a map based on ideas cherry picked from over 400 years of established law and backfilled with justifications to create a new right for alien combatants that Americans themselves do not enjoy?

But, instead – as Justice Scalia pointed out in his dissent – they for the first time in our nation’s history, conferred a Constitutional right of habeas corpus on alien enemies detained abroad by our military forces in the course of an ongoing war – a broader right than has been given to our own citizens. The court majority did so acknowledging that they could find no precedent to confer such a right to alien enemies not within sovereign U.S. territory.

The majority had simply decided that prior courts had denied such rulings based on “practical considerations.” In other words in prior cases and prior wars it had just been too inconvenient to bestow the right of habeas corpus upon non-citizens in foreign jurisdictions. So, by focusing on what they saw as “practical” instead of those pesky court precedents based upon the issues of citizenship and foreign territory … and the Constitution … the majority reached the conclusion they wanted to, since what is practical is subjective. One can only ponder the state of our nation directed by the subjective instead of the Constitution.

Of course the Left took this ruling with great glee, despite the fact that they'd be the first to sport slit throats under an Islamic rule.

In that judicial vein, the Fornicalia Supreme Court ruled that a ban on gay marriage was unlawful Thursday (May 14), effectively leaving same-sex couples in America's most populous state free to tie the knot in a landmark ruling.

As I wrote in that post:

Once again, the California Supreme Court shows residents that it couldn't care less what 36-million Californians think (as Fornicalia approved Proposition 22 in the year 2000, on a 4,579,386 / 61.2% Yes votes -- 2,897,689 / 38.8% No votes), by granting same sex marriage.

This issue will be, ONCE AGAIN, on the November ballot in Fornicalia and -- trust me -- will ultimately end up in SCOTUS. I predict with this: as voted SCOTUS on Guantanmo so may SCOTUS go in gay marriage.

Obama will skew SCOTUS even further to the Left. McCain may be a bit of a question-mark; Obama will be a given.

Imperial US courts.

I am taking a stance. I say: Most American courts couldn't care less what the majority of American citizens want; they simply have an agenda.


Those who pay taxes, those who foot the federal, state and local bills, those who labor and sweat and cannot take the time to protest, who cannot sacrifice the time and the dollars required to stand in line carrying placards because they are consumed necessarily with providing for their children and families, these are the people the courts and politicians and administrations stand to alienate. To ignore.

And I say, as I wrote in the comment section of another blog: the more you remove rationality from the courts, the more you remove rationality from the various federal and state legislatures, the more you disavow the will of the People, the more you box in the electorate -- then the more you almost guarantee that the only road left for protest is violent insurrection.

To those "in power:" You ignore The People to your own detriment.

You read it here first.


BZ

7 Comments:

Blogger Rivka said...

You said: "Those who pay taxes, those who foot the federal, state and local bills, those who labor and sweat and cannot take the time to protest, who cannot sacrifice the time and the dollars required to stand in line carrying placards because they are consumed necessarily with providing for their children and families, these are the people the courts and politicians and administrations stand to alienate. To ignore."

EXCELLENT. TRUE.. Loved this post in it's entirety. Can't say anything more.

Sat Jun 14, 05:11:00 AM PDT  
Blogger Mark said...

ditto what rivka said. and add that I can see a future fight between these libs who hate our civilization and us normal folks who think our civilization is a good one, I wonder how long this union will stand?

Sat Jun 14, 06:41:00 AM PDT  
Blogger Sweating Through fog said...

As I wrote on my blog, McCain could - if he goes further - win the election on this issue alone. All he has to do is say that if he is elected, he will ignore this Supreme Court decision. He could use the spectre of Osama Bin Laden and his lawyers in Federal courts to beat Obama like a rented mule.

Sat Jun 14, 11:12:00 AM PDT  
Blogger A Jacksonian said...

I believe that the complaints about the construction of the SCOTUS are well founded:

"The judicial power will operate to effect, in the most certain, but yet silent and imperceptible manner, what is evidently the tendency of the constitution: I mean, an entire subversion of the legislative, executive and judicial powers of the individual states. Every adjudication of the supreme court, on any question that may arise upon the nature and extent of the general government, will affect the limits of the state jurisdiction. In proportion as the former enlarge the exercise of their powers, will that of the latter be restricted.

[..]

From these observations it appears, that the judgment of the judicial, on the constitution, will become the rule to guide the legislature in their construction of their powers.

What the principles are, which the courts will adopt, it is impossible for us to say. But taking up the powers as I have explained them in my last number, which they will possess under this clause, it is not difficult to see, that they may, and probably will, be very liberal ones.

We have seen, that they will be authorized to give the constitution a construction according to its spirit and reason, and not to confine themselves to its letter."

-The Problem of Judicial Review by Brutus, 1787.

That was one of the first calls against 'judicial activism'. A sign-post on the way to more problems.

Sat Jun 14, 12:49:00 PM PDT  
Blogger shoprat said...

The left may cause a revolution yet, and they'll be the first ones against the wall when it's over. I don't want to do it that way, but it may end up that way.

Sat Jun 14, 06:53:00 PM PDT  
Blogger Just John said...

I have to agree with rivka and Shoprat. It really is a sad state of affairs.

Great post BZ, albeit frustrating. I'm saddened that the very people that may have been shooting at me in 2003 are now enjoying greater legal liberty that I am...what an ironic kick in the balls.

Sat Jun 14, 09:25:00 PM PDT  
Anonymous WMD_Maker said...

The worst of this is that the judges at this level are NOT ELECTED they are APPOINTED in many cases FOR LIFE. The people have NO SAY in their positioning or term.

Mon Jun 16, 07:14:00 AM PDT  

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