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To: cll

A Perfect Example of Judicial Activism at its Finest/Worst

...

There comes a point when the courts must intervene to correct a great wrong, particularly one of their own creation, because the political branches of government cannot or will not act. See, e.g., Brown v. Bd. of Educ., 347 U.S. 483. This case is such a crossroads in history. This court cannot further "avert its gaze," Sosa, 124 S.Ct. at 2764-65, without becoming an accomplice to this monumental injustice to Puerto Rico's nationally disenfranchised United States citizens.

"We have to do something, damn what the laws say ..."

Shortly before the Civil War, Abraham Lincoln said: "As I would not be a slave, so I would not be a master. This expresses my idea of democracy. Whatever differs from this, to the extent of the difference, is no democracy." President Abraham Lincoln, Address to Indiana Regiment (Aug. 1, 19858) in II The Collected Works of Abraham Lincoln 532 (Roy P. Basler ed., 1953) (emphasis removed from original). Substitute "colonized" for "a slave" and "colonizer" for "master" in this quote, and we are where the United States citizens of Puerto Rico find themselves today in their subservient political condition within the United States' political hegemony.

"Let's twist some old quote to say what we want it to say ..."

The opinion of the district court should therefore be reversed, and the case remanded for the entry of a declaratory judgment to the effect that the United States has taken no steps to meet its obligations under the ICCPR and customary international law to grant equal voting rights to all citizens in the election of the President and Vice President of the United States.

"Result First; Justification second ... and never mind 200 years of constitutional construction, the electoral college, etc. Throw it all out, its not good enough dammit ... Thanks, Red Queen."

13 posted on 08/03/2005 4:16:29 PM PDT by WOSG (Liberalism is wrong, it's just the Liberals don't know it yet.)
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To: WOSG

Some people are just determined to turn our republic into a democracy and damn the consequences.


14 posted on 08/03/2005 4:50:27 PM PDT by Chuckster (Neca eos omnes. Deus suos agnoset)
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