Tuesday, November 09, 2010

Solomons in robes

Let me make sure I have this right.

1) Citizens are upset because judges are using all sorts of rationales to support their agendas so they place a ballot issue saying that judges cannot use international or Sharia law in their decision making.

2) Law passes 70% - 30%.

3) Judge strikes down law.

Voters in the state backed a measure to bar the use of Islamic and international law by 70 per cent to 30 per cent, in a referendum held on the same day as the US midterm elections.

However Muneer Awad, the head of the regional branch of the Council on American-Islamic Relations, promptly filed a lawsuit against it.

Mr Awad argued that the measure violated the right to religious freedom as guaranteed by the First Amendment of the US Constitution.

"Islam was the target of this amendment," Mr Awad said. "This amendment does not have a secular purpose."

Judge Vicki Miles LaGrange granted a temporary restraining order against the measure, in advance of a hearing on November 22.

The original measure was proposed by Rex Duncan, a Republican state representative, who has said it is necessary to protect the "children and grandchildren" of present-day Oklahomans.

Mr Duncan said that Judge LaGrange's verdict "thwarts the will of the people".

However legal experts have questioned whether the measure is necessary, given that there is no apparent danger of foreign law becoming binding on the state. Joseph Thai, a professor at the University of Oklahoma's College of Law, described it as "an answer in search of a problem".

Hell no it's not necessary when judges have the will to do anything as they damn well please.

Let's go back to the original set up of our republic. We're supposed to have three equal branches of government an executive, a legislative and a judicial.

The judicial branch is supposed to rule on cases based on the laws the legislative branch approves.

Why exactly do we even have a legislative branch when judges can simply overrule anything, and I do mean anything, they don't like for whatever reason.

Why don't we simply kill our legislative process and let all the Solomons in robes decide each and every bitch people have in society. They seem to have no problem taking the responsibility as it is so let's just formalize it.


1 comment:

Bbeq said...

Ah what I would give to see a, say, governor look at the SCOTUS and simply say "no"...