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To: ZGuy
The will of the majority, past and present, is being rapidly diminished and subverted by self serving lawyers and our judicial system at large.

Who knows what to do about it?

2 posted on 02/09/2005 7:27:20 AM PST by squirt-gun
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To: squirt-gun; ZGuy
Not all lawyers are self-serving opportunists; not all lawyers are liberal; not all lawyers are pro expansion of government anti Constitutional Republic. In fact, probably the philosophical breakdown among lawyers is about the same as for the rest of society.

The Abortion issue specifically should have been resolved by direct reference to the words of the Constitution: "No person shall be deprived of life . . . . without due process of law."

The court did not consider either the law or the factual issue of when personhood commences--had it done so, the result in Roe v. Wade would have been different. And that legal and factual controversy should resolve that narrow question at some specific point in the future.

It is not even necessary to overrule Roe; the facts of the next controversy will be different that those presented in Roe because there will be evidence that the unborn child is a "person" within the meaning of the Constitution.

As to the rest of this nonsense, it is simply rehetoric. The real cause of the constitutional problem is that there is a lag time between the assumption of legislative and executive power by Constitutional Republic political forces and use of that power to implement change in the political direction of the Judiciary.

At present, we are still laboring under the constraint of 62 years of Liberal political power and its use to transform the Judiciary. And transformation of the Judiciary by the legislative and executive branch during the ending years of Liberal management was fairly focused. So it will take us a while to reverse the course of things.

And there is a further problem. The Law education process, like the rest of the education industry, is controlled by liberals who are producing more than a reasonable share of liberal lawyers. The law school from which I graduated, which has dropped from #14 to #76 in some public ratings, is a case in point.

The great commercial, contract, and business law professors who were there when I attended have all been replaced by liberals who are teaching rights of the poor and underprivledged rather than the law. Well and good. The reason their ranking has dropped is because the school can no longer get its graduates decent law practice employment. So maybe that process is self policing also.

At the end of the day, a remedy that essentially repealed the common law legal system by removing resort to precident would probably prove worse than the current political crisis--it isn't going to happen either.

4 posted on 02/09/2005 8:12:30 AM PST by David
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