Sunday, January 21, 2007

In The Words Of...

For this weeks edition, I am going with Thomas Jefferson. I found a great quote of his concerning the power of the judicial system. As an outward opponent of Marbury vs Madison, he was against the judicial system obtaining too much power, which if you look around today, it seems that is what happening
To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men and not more so. They have with others the same passions for party, for power, and the privilege of their corps. Their maxim is boni judicis est ampliare jurisdictionem [good justice is broad jurisdiction], and their power the more dangerous as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves.
Now, I think there has to be a certain amount of review, if Congress proposes laws that are not constitutionally sound, then who is there to help stop it. But it seems that the power of the Judicial system is reaching further and further past the limits set in the constitution. One recent example is from 2005 is Roper vs. Simmons. Here the court used public opinion and international law from several countries including U.N. Article 37 on capital punishment and minors. Ignoring the fact that 20 states had juvinile capitol punishment on the books, although only 6 had actually used it. In using public/world opinion and not the Constitution, they were in effect throwing out the Constitution.
But I digress...
While looking at this quote I found another one that may become more relevant in the future. In almost every Islamic country, Sharia law dominates. There is no law except that of Allah, handed down to man. Man made law is an abomination. in England, where the name Muhammed is now the most popular name inside the maternity ward, Muslims are now calling for Sharia law to take over. They tried it in Australia before the Prime Minister there called for all Muslims who wished for Sharia law to move back to the Middle East. Here in America, we are still blind to this aspect. As we look around us, half the country wouldn't even be able to tell you who the Secretary Of State is, or the difference between Democrats and Republicans, other than the fact that Republicans want to take money away from schools and give to the rich and that Democrats care about everyone, wanting to bestow medical benefits to the poor and the homeless. If America is not careful this problem of Sharia law may one day wind up on our doorstep and if you think that crying about a Mormon in the White House is a problem, wait until there are laws on the books that we don't quite agree with, but are powerless to do anything about. Tie that into my second quote from Thomas Jefferson. Not only is Sharia law a bad bad thing, but goes against what we hold true, that state can't force religion on anyone
No man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burdened in his body or goods, nor shall otherwise suffer, on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities.
But just because it says that no one shall suffer because of his beliefs, that doesn't give anyone carte blanche to complain when they are mocked by private citizens. If that were the case, Christians would have started with litigation years ago, much like our Muslim brothers today are already quite fond of doing.

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