8/21/2010 1:31:00 PM Letter: Judicial system is problem for ‘Responsible Party’
In the Verde Independent OP-Ed ‘Whiners please stay home’ Aug. 20, Mr. Nelson paints a beautiful picture of an ideal (albeit unsustainable) new ‘Political Party’ he called “The Responsible Party.”
The exceptionally big “fly in the ointment” that would either destroy that party or lead it around by the nose is the judicial system with the appointment and confirmation process of judges as the leadoff problem.
Then right behind it is the courts tendency to legislate from the bench. Think about it, Judges are making things legal or illegal and overriding the legislative process.
There has been far too much power given to the administrative and judicial branches and taken away from the legislative branch (a lot of it given away by past legislative sessions i.e.; federal reserve, etc).
If we could incorporate some way to make judges, parole boards, parole and probation officers accountable for their actions that jeopardize and/or destroy life and property, then “The Responsible Party” would be the greatest advent to the United States since the Declaration of Independence.
The only problem with the concept of “The Responsible Party” is that it has to hold everyone responsible without any exceptions and I do not believe that will ever be attained by mortal man.
Posted: Sunday, August 22, 2010
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Dale, thank you for your intelligent consideration of my idealistic concept. My intention is offer focus and hope to those who have chosen to abandon the two major parties (now 31% of Arizonan voters - about twice the number in 2000). If Independents can unify around a pricipal like fiscal reponsibility, then it will be up to candidates to appeal to that pricipal in order to win their precious votes. We are quickly approaching the time when Independent voters will be a bigger prize than either the liberal or conservative base. Let us send a strong, unified message to potential candidates: "Leave your social issues at home. You have my vote as long as you balance the books." This is about more than accounting - it's about protecting our children from short sighted greed propogated by lobbyists and egocentric politicians.
Posted: Saturday, August 21, 2010
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"Think about it, Judges are making things legal or illegal and overriding the legislative process."
Another way of saying the same thing might be "The people of California voted for prop 8 and that judge just threw it out against their will."
Actually, it is part of a judge's job to rule on the constitutionality of laws. It always has been. Just because an initiative is voted into law does NOT ensure it's constitutionality. When a law is challenged through a suit such as the one brought against prop 8 in California, a judge must rule one way or another on it's legality. This is part of our system of checks and balances. It's nothing new. The definition of an "activist judge" is one whose rulings you don't agree with.