Google Custom Search

Saturday, July 28, 2007

a case for the powers for the court system

going by the checks and balances that the constitution has in place, there is a definitive separation of powers between each branch of government that prevents each branch of dealing directly with the issues relating specifically to a given branch of government.

many see that some of the decisions that the justice system has made constitutes the courts overstepping their boundaries. If you actually look at the decisions, you will actually see that the justice system is doing its job. the courts have made decisions that essentially tell the other two branches of government that they cannot act a certain way unless it is governmental law and doesn't interfere with the protections given to us by the constitution.

If I may give a couple examples to prove my point:

Roe versus Wade concerning abortion, the U.S. Supreme in simplistic terms basically stated that until the government explicitly forbids it, it is actually legal. it is a misconception that the court actually did the job of the U.S. Congress. It is also better to keep it legal due to the fact that if women want one bad enough they will find a way of getting one even if it means a forced miscarriage.

Massachusetts the only state that has gay marriage, the state supreme court in its decision did the same thing as the U.S. Supreme Court in their decision. the court basically stated that until you do the necessary legislation on the subject you cannot treat it as if it is illegal until it is illegal. There have been attempts to legislate it and also put it on the ballot but it has not made it past a constitutional convention or sub committee due to it being such a touchy matter.

a few years ago congress passed a law requiring oversight of any activities such as wiretapping of U.S. citizens by the courts so that the rights of the citizens were not trampled by the government. The justice system per order of the president circumvented the law, which when found out about prompted the court to take action against the program forcing it to follow the rules under the law.

We need the checks and balances, and any attempt to counter that system is completely unconstitutional in nature and would never survive an attack on it. the only way the senate were to pass such a law it would be forced to take on the job of the president to enforce the law which would be another abuse of power. it would also mean that there is no more functioning constitution in this country. If the people who sit in the senate truly believe in the constitution, then they cannot legislate powers away from the other branches of government and the other two branches cannot do that to each other or to the senate either.

1 comment:

Jezla said...

Sean, thanks for commenting on my blog. If I may, I will say that you don't really understand Roe v Wade. In that decision, the Court erroneously claimed that abortion was protected by the so called "right to privacy" in the 4th amendment. This is the text of the 4th amendment. It, quite simply, prohibits the federal government from seizing property without due process. It has nothing to do whatever with abortion or any related issue.

In its ruling, the Court summarily threw out all the laws of the states that had prohibited abortion. The Court should have referenced the 10th amendment and thrown the case out. Each State should decide, not the federal government.

copyright and privacy policy

Copyright and Privacy policy

This website contains all original writings by Sean Davis, and no part of this website can be reproduced or used elsewhere without written permission from the owner of this site along with proper acknowledgements accompanying the usage of theReproduced material.The owner of this website makes no attempt to gain any personal or private information from any individual, business or group and any business you do with the merchants with advertisements on my sites is between you and the merchant.

Please refrain from providing any personal information that could be considered personal and private due to the fact that anything you post can be viewed by individuals visiting this site.

Thank you for taking the time to view my blog sites©Sean Davis 2010