I'm from Missouri

This site is named for the famous statement of US Congressman Willard Duncan Vandiver from Missouri : "I`m from Missouri -- you'll have to show me." This site is dedicated to skepticism of official dogma in all subjects. Just-so stories are not accepted here. This is a site where controversial subjects such as evolution theory and the Holocaust may be freely debated.

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Location: Los Angeles, California, United States

My biggest motivation for creating my own blogs was to avoid the arbitrary censorship practiced by other blogs and various other Internet forums. Censorship will be avoided in my blogs -- there will be no deletion of comments, no closing of comment threads, no holding up of comments for moderation, and no commenter registration hassles. Comments containing nothing but insults and/or ad hominem attacks are discouraged. My non-response to a particular comment should not be interpreted as agreement, approval, or inability to answer.

Tuesday, November 07, 2006

Ex-Justice O'Connor moans about threats to judicial autonomy

An AOL news article about retired Supreme Court Justice O`Connor said,

"I'm increasingly concerned about the current climate of challenge to judicial independence," O'Connor told a gathering of state judges from around the country Friday. "Unhappiness with judges today is at a very intense level."

The judiciary is the weakest of the three branches of government, she said, and therefore the one with "the greatest need to be defended."

The judiciary is certainly not the weakest of the three branches of government. On constitutional questions, court decisions can be overturned only by constitutional amendment, and amending the constitution at the federal level is a very cumbersome process -- there has not been a significant new federal constitutional amendment since the 18-year-old vote was ratified in 1971 (the only amendment since then was a trivial one on Congressional pay). If the issue is not constitutional, a court decision is virtually impossible to overturn. Federal judges have tenure and protection from pay cuts. I would say that the executive branch is the weakest branch -- it can be easily thwarted by either of the other two branches.

The article continues,

The executive and legislative branches have become the attackers, so "the principal defenders are going to have to be the people of this country," with lawyers taking the lead, she said.

O'Connor, who retired in January after 24 years on the nation's highest court, spoke just days before South Dakota voters consider the "Jail 4 Judges" initiative. It would create a citizens' grand jury that could authorize lawsuits or criminal prosecutions against judges based on their rulings.

Actually, in South Dakota it is just the opposite -- the people are the attackers and the legislators are trying to defend the judges. Both houses of the legislature voted unanimously in favor of a resolution opposing the "Jail 4 Judges" ballot proposition, also known as Amendment E. However, a recent Zogby poll showed 67% support for Amendment E -- hopefully it will pass.

A related article on this blog is Backlash against judges.

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2 Comments:

Anonymous Anonymous said...

Maybe the voters in South Dakota are as illiterate and stupid as Larry (?), since they voted 9 to 1 against the amendment, despite polls indicating support.

Of course, Larry (?) somehow thinks that the judicial branch isn't the weakest. Let's see: who enforces their decisions? Not the judicial branch. If a law that is perhaps unconstitutional is passed, does the Supreme Court strike it down? No, it first has to come to them through lower courts, meaning that a problematic law remains in effect and on the books for some time. So, they don't have power to enforce their own decisions and they can't simply rule on laws that may be unconstitutional until those laws come to them. Hmmm.... sounds like the most powerful branch to me. If you agree, you must have the iq of a turnip and call yourself Larry Farfarman (doubt I spelled it right, too bad),

Friedrich Wilhem

Wednesday, November 08, 2006 5:30:00 PM  
Anonymous v said...

What happened? The troll seems to be spending a lot more time in his hole recently. Perhaps he is tired of having his ass kicked.

Wednesday, November 08, 2006 10:18:00 PM  

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