Tuesday, September 02, 2003

The tyrannical rule of our judicial monarchy continues. The 9th Circuit Court, perhaps the most activist court in the land (which is really saying something), has by judicial fiat swept aside more than 100 separate court decisions in three different states, completely emptying out the death rows of two of them.

Though they attempt to draw retroactive legal rationale from a U.S. Supreme Court ruling from 2002 (in which even Antonin Scalia ruled that only juries can sentence a defendent to the death penalty), what has essentially happened is this: the 9th Circuit Court has decided that it doesn't like the death penalty, despite the citizens of the majority of American states being overwhelmingly in favor of it. Therefore, the court has decided to excercise raw judicial power in overturning the will of the people, their legislatures, and the lower courts, instead imposing their own notions of justice on all.

It's actually possible that the 9th Circuit is on the correct side of this issue. Scalia's concurrence in the Ring v. Arizona case (which the 9th Circuit used as justification) saw that ruling as a remedy to judicial activism, not wanting to allow judges to be empowered to sentence beyond what the jury would sentence. But if they did come to the correct conclusion, you can be sure that it was merely by accident. There are no judicial conservatives in the 9th Circuit. They showed that rather baldly by retroactively applying the ruling to hundreds of cases, applying the famous "substantive due process" standard which has cloaked most of the judicial mischief of the past 75 years.

You are simpy kidding yourself if you think you live in a representative republic anymore. You do not. You live in a monarchy, where judges are the royalty.

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