Posted on 05/14/2005 2:30:30 PM PDT by Nasty McPhilthy
Well, a federal judge has done it again--nullified the results of an election. And as usual, he did it for the very best of reasons: the ACLU asked him to.
The victim this time is the people of Nebraska, who voted by an overwhelming margin (70% to 30%) to amend their constitution. The trigger man this time is a federal judge named Joseph "Election? Don't make me laugh! HAHAHA!" Bataillon.
Get this: Bataillon ruled that it was unconstitutional for the people to amend their constitution. Bypassing those shibboleths currently in vogue among his judicial colleagues--Canadian law, European Court rulings, and personal pique--Judge Bataillon went straight for pure illogic.
Hey, Joe--hadn't you better look over the rest of the Nebraska constitution? You might find some more parts that strike you as "unconstitutional." Of course, you don't have to explain how anything that's in a constitution can be unconstitutional. Judges never have to explain anything.
Why don't you take a crack at the U.S. Constitution, while you're at it? If the people of Nebraska can get it wrong, probably our country's founders screwed up, too.
Oh--I forgot. The U.S. Constitution has already been deemed "a living constitution" by enlightened liberal law professors. Sort of like "living" rules of poker, under which two pair sometimes beats a full house, if a judge happens to think so at the time. Especially if it's the ACLU's two pair.
It's hardly necessary to say that Judge Bataillon and the ACLU voided an election to keep the clock running for same-sex "marriage." The people of Nebraska amended their constitution to preserve the definition of marriage, reserving it to one man and one woman. Judge Bataillon says they can't.
But this is not only a moral issue. Judge Bataillon and his colleagues are busy setting up a judicial oligarchy in America. Same-sex "marriage" today, something else tomorrow. They won't stop until they've taught the American people that elections are futile: that there's only one opinion that matters--a judge's.
Are you getting the message, people? You can vote on referenda, you can elect legislators and governors, and they can enact or repeal laws until you're all blue in the face--and none of it matters. The only thing that matters is what the judges think. You are not citizens, but subjects. Now shut up and pay your taxes.
The ball's in your court, people. Day by day, case by case, the judges are eroding your republic, stealing your sovereignty, erasing your liberty.
Ironic, isn't it, that while we spend our blood and treasure to bring democracy to the Middle East, we're allowing it to be taken away from us at home.
Lee Duigon
This remark reminds me of the counter argument used by anti-constitutionalist whom, when I confront them with contention that TSA search and seizures violate Amendment IV, they say to me that "it is free country, you do not have to use an airline to accomplish your travel plans. You are free to drive your car."
Disingenous, circuitous, and evasive argument.
...TSA search and seizures violate Amendment IV...
Well then, I guess we'll need another Constituional Amendment specifically to protect us from terrorists flying planes into buildings.
INTREP
The good news is that we do. Amendment II.
If you would like for me to explain this comment in greater detail, just ask me and I will.
"This judge clearly overstepped - by leaps and bounds - his judicial authority, and ought to be impeached for it."
Why bother? Some other judge will just rule the impeachment unconstitutional.
Pray for W and Our Troops
I'm listening.
In addition, let's be clear about why we, here in the U.S., were susceptible to a terrorist attack such as the one on Sept 11, 2001.
The main reason is because of the unconstitutional laws enacted by the federal Congress that violate Amendment II.
The federal Congress, by "prohibiting", not "regulating" an enumerated right, private property owners could not ask for the assistance of their customers to help protect their property and fellow customers.
There is no way that Muslim terrorist's would even contemplate hijacking an aircraft if they knew there may be 10, 30, 80, 200 armed citizens on the aircraft, securing it from hijacking.
That is what "free people" do; that is what "private property" oweners do.
My fellow citizens have the blood of 3000 people on their hands, plus the reponsibility of billions of dollars of private property losses because they would not object to Congress' unconstitutional disarming of fellow citizens and have also failed their fellow citizens by not fulfilling their constitutional obligations, as desribed in the Constitution:
Article I, Section 8
15. To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions:
Article IV, Section 4
The United States shall guarantee to every state in this union, a republican form of government, and shall protect each of them against invasion;
If anything, all those citizens who have support unconstitutional disarmament and the lack of Congressional action to "repel invasions" OWE financial compensation to all of their fellow dead citizens and private property owners.
And now you wish to "TRUST" and or "delegate" your federal government with a new, unenumerated power to take away a right "retained by the people," as promised in Amendment IX, to fight terrorism, after your federal government has already proven with abject failure, that it cannot do it?
EDWARDS v. PEOPLE OF STATE OF CALIFORNIA. No. 17. Reargued Oct. 21, 1941. Decided Nov. 24, 1941.
Mr. Justice DOUGLAS, concurring.
"the right of free movement is a right of national citizenship stands on firm historical ground."
In your dreams. Mine too!
He's a federal judge. Congress certainly has the POWER of impeachment. I doubt they will use it.
http://www.answers.com/main/ntquery;jsessionid=3p7r1t2a6pfdf?tname=krytocracy&curtab=2222_1&hl=law&hl=clerk&sbid=lc02b
Goes back at least as far 1954.
One beauty of impeachment by the legislature is that there is NO recourse to the courts. None. The legislature has COMPLETE authority to remove a judge, just because they feel like it, if they want.
Thanks. I should've Googled, rather than only looking in the several dictionaries I have access to.
Agree.
Sick of this.
Sadly, you'd be hard pressed to find 'Joe 6-Pack', who is educated enough to REALISE that. J6P thinks that what the judge SAYS is the way it SHOULD be, because 'the judge' says so.
BTTT!
Justice died in America when Vince Foster was sacrificed to the Clinton legacy.. The lesson was not wasted on Washington D.C. cowards.. been going downhill ever since..
"Frankly I don't trust cops all that much. Too many of them have a chip on their shoulder."
I agree with you 100%.
"So, what would the amendment look like?"
I am not sure I understand your question. If you mean what amendment to the constitution to we need to protect airplanes from being hijacked by terrorist, we already have Amendment II.
The right just has to be exerted.
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