My latest pamphlet:
- From: Sanity <sanity-clause@xxxxxxxxxxxxx>
- Date: Fri, 7 Nov 2008 18:23:10 -0800 (PST)
Working title is: "Checks and Balances?" Would you guys please proof
read this for me and show me where I screwed up on my reasoning?
Thanks.
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Here's the rub: The judiciary isn't spoz'ta decide what the law IS at
any time; deciding what the law IS, is the function of legislation not
adjudication.
“legislate” = (v) to decide what the law is
“adjudicate” = (v) to make a judicial finding
“judicial” = (adj) appropriate for judges
One of the lawful functions of the judicial magistracy is to act as a
check and a balance against unconstitutional legislation, that is, to
determine what the law IS NOT whenever legislation conflicts with the
constitutional paradigm; no law being preferred to unconstitutional
color of law. Courts of chancery ruling in equity, not law, can
always fashion remedies for injustices on an individual case basis,
but quasi-judicial legislation defeats all checks and balances
manifesting tyranny.
Wanting this “Justice” to rule on one issue and that “Justice” to rule
on another validates my thesis that US government is an oligarchy not
a representative republic; for if the sovereignty were “of the people
by the people and for the people” no judge would have the temerity to
send his “sovereign” out of the room because there was something going
on they shouldn’t be allowed to know, and no judge would dare
legislate… Judges are spoz’ta be our servants, not our lords and
masters.
The ‘pudding’ at issue is: “Do the people serve the government, or
does government serve us?” [Terms of contradiction evince issues. I
can give you that in Latin if I must.] The I Ching calls this issue,
“the relationship between prince and servitor.” So, in which
direction does the power of government flow? “The proof of the
pudding is in the eating.” – Anon.
As a rogue judiciary is antithetical to constitutional government, so
too: “Patriotism is supporting your country all the time, and the
government when it deserves it.” - Mark Twain
Food for thought, Sanity Clause RE http://sanityclause.com/
.
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