Boundaries, whether in the form of a moral code, a code of covenant/conduct and yes, even Laws, are created to refine, restrict or openly bar certain functions in an attempt to create some measure of survivable order.
While Laws are created to either censure, restrict or outright prohibit certain actions, we must never forget that the Law must never be allowed to restrict or ever dare approach interfering with or even professing the authority to grant a right which is inalienable to you by the mere fact that you are you. These rights are implicit and are never to be explicitly cataloged or confined as it is your domain,restricted only by adverse effects your actions have on another and/or their ability to express their own (rights). The Courts, by the way, have no such privileges, but are bound to the strict and ridged rules of order and jurisdiction.
Policy, and what becomes law by legislation, are issues made by the Publics Elected Representatives or by the Public itself thru the ballot box and not by the Courts. This function is neither their privilege, their prerogative or within their jurisdiction. Judges & Justices are human and subject to the outcome(s) of impulse driven conscience, just like everyone else. It is, for this reason, that the U.S. Constitution and its body of Amendments – and duly legislated statues being an extension of the same – are to forever be the foundation for all Judicial Actions.
Abide by this rule and one would rarely see division within the judicial body. Violate the rule and the fundamental rule of corporal order quickly, as we observe time and time again, falls prey to the dangers of impulse, political preference, personal and ideological preferences, the result of which begets aberrations of all sorts. The least of which are the establishment of deeply flawed decisions that has no foundation in the rule of law which then become precedence which then further replicates its flaw thru countless decisions that follow.
The extent to which a Just Society Exists and Prospers is a direct reflection and extension of the impartial and uniform application of the Legal Order that flows through the Judiciary’s expressions. Today’s (2/09/17) rendering, by the 9th Circuit Court, distinctly represent a comprehensive breach, yet again, of the extent to which the Judicial Function has fallen victim to the courtier of dangers associated with tolerating, inciting and/or welcoming the risks associated with, impulsive, personal, political or ideological preferences being allowed into a process where the only tolerable influence should be one’s impartiality to the Law.
There is no denying the facts; the pathology is absolute and its time to clamp down on Judicial Activism. By the way, the article, “Trump Must Break Judicial Power” (by Patrick J. Buchanan) is an excellent effort which, if the issue is of concern to you, I do recommend reading.
http://www.wnd.com/2017/02/trump-must-break-judicial-power/
Curtis C. Greco, Founder
