Friday, May 13, 2005

Activist Judges

Let's talk about activist judges. This is a phrase - a buzz phrase that is being tossed around by the ideolouges who want to dismantle what the framers of the Constitution painstakingly put together.
It's called a system of "Checks and Balances".
Just because our forefathers lived two hundred years ago doesn't make their experiences irrelevant to today. They saw quite clearly how run away hysteria, and mob mentality rippled through the fabric of society, caused riots, and destabilized the living conditions they all had to deal with on a daily basis.

A three level check and balance between the executive branch, the legislature, and the judicial branches of the government was brilliant. It prevents, and hampers ideologues, and charismatic leaders from sweeping through their personal agendas foisted onto the vast variety of people that we are, and were even two hundred years ago.

In fact only a good judge appears as an "activist judge" as he tempers the whims and trends of the voting public, and lobbyist against the Constitution which is the foundation of our "free" society. In fact if you are not an "activist judge" you are merely rubber stamping whatever political agenda is advanced by the executive branch, and the legislative branch. In fact in this day and age when politicians are bought and sold by taking enormous campaign contributions it is the Judicial branch that are the true heros, and the defenders of the Constitution. They are our last line of defense, and the ones who are protecting our rights.

With the media manipulating popular opinion, and effectively I might add it is the judges and their insulation from the political process who can sit and "actively" interpret what comes before them in their courts, and on their dockets in the context of legality, and constitutionality. Judges are appointed for life, and as far as humanly possible they should be appointed when they have a history of correctly interpreting the Constitution, outstanding credentials and peer review from their colleagues including the bar association, and not advancing their own personal politics, beliefs, and religions.

Now if you have captured the media, and can say the sky is green and the grass is blue and have people believe it, and if you have used tons of money to win the majority of the legislative branch, and capture the executive branch what is your next step?

Capture the judicial branch, right? It's the only one left.

And how do you do that?

You start a smear campaign, and alter the rules of how a judge gets appointed.

The first: the smear campaign is to create a buzz word that alarms people "activist judges". It makes them sound like (gay) activists - (environmental) activists, and suggests they are altering the laws of the legislature. When in fact an "activist judge" is one who interperts the laws of a popularly elected legislature - who is beholden, and captured by special big money interest - that is intent on inflicting their personal will on our nation and system of laws in order for them to gain specifically, and only for themselves, and against what the Constitution spelled out in order to form a more perfect Union. In other words an "activist judge" is one who is doing their job. In contrast to those elected and beholden to the money that elected them, and their efforts to rearrange the laws in order to suit their specific and individual needs no matter how it impacts the rest of us. For instance maximize profits for their specific industry, or to advance their specific religious belief system which may actually have nothing to do with the live and let live philosophy of our forefathers.

Secondly: As the smear campaign manipulates public discord you simultaneouly start to alter the judicial nominating process (eliminating the filibuster) to appoint your particular judicial canidate who is an idelogue, who will hold to their ideology first, and the Constitution a distant second. These ideologues are the true "activist judges" that we should fear; because they look to reshape the Constitution from the point of view of their personal religious beliefs. Religion as a system of government is a historical failure. That is why the framers of the Constitution seperated Church and State.

The framers of the Constitution took great pains to separate religion out from the laws that govern the operation of our country. The operation and running of our country is like the hardware behind this blog - there is no need for a religion or belief system underpinning the operation of our government than the one already debated, and established by the Declaration of Independence, the Bill of Rights, and the Constitution of the United States. To the extent that our judges are free to screen the new laws put forth by each and every executive administration republican or democrat, and the legislative body at the time, is a true measure of how well our "firewall" (the judicial branch) of protection is working to safe guard our Constitution, and our hard earned, hard fought freedoms as citizens of this great and beautiful country. Those freedoms apply to everyone and not just those that think they know better.

Thursday, May 12, 2005

Journey Home

It has occured to me that Washington has run amok and a foul of the original framers of the Constitution's intent. The religious extreme are bent on converting us all to their religion, and are making a very succesful play in electing their puppets to inflict their particular belief system on all of us. It's a fascinating thing to me that their religion requires that they need National recognition, and that they implore their congregations to convert or brainwash their personal beliefs onto other individuals. I don't think that is even relevant to an individuals pursuit of happiness or enlightenment. It takes an inner journey and projects it's relevance and inner truth onto another individual who might be walking a different path to enlightenment. It's as if they need to convert people to validate their own particular belief system. The devil is in the detail kids, and that to me is a recipie for disaster. Force your beliefs on another person and you are cruisin' for a brusin'. Religion is a deeply personal journey of introspection. We are all impacted by our individual circumstances, and this is not a one size fits all reality.

This Blog open for business -
Please check out my homepage for the new book Journey Home
http://members.cox.net/journeyhome/index.htm
The book hits on a variety of issues, and has been receiving some very positive reviews. Chat me up about the book or politics and the environment. We have a voice, and we need to exercise it. There is no longer any room for people who want to be "democracy dropouts" - there are too many important issues being decided as we speak!

Hopefully in the future we can have a multitude of links that will help get more people involved in the political process. I wrote Journey Home as a metaphysical jolt to the system, and a fun fast paced story to entertain. I hope you get a chance to read it, and talk about it on this blog. But the blog isn't just about my book and the words I am trying to get out there - but about active participation in the political process - we can make a difference!