Tuesday, April 14, 2009
lawyers?
What is the reason for lawyers? To protect and to defend our rights and see to it that our valid side of a case can be reasonably seen and decided by either a judge or jury among us. Simple enough. What is the purpose of the executive branch. To introduce and instruct the legislative branch the direction in which they intend to proceed with the unalienable abilities to veto or create military formation. What is the legislative branch? To debate and determine the validity and constitutionality of the bills and resolutions presented, therefore enacting laws. What is the Judicial branch? To ensure that the laws are constitutional and represent a fair view of their intentions. No one branch should be able to usurp any of the other two branches. The checks and balances principle. Judicial branches throughout the land dating back to (and probably further) the Emancipation Proclamation have in essence created the law of the land. That is not their role. It is to evaluate specific cases in order to see that Justice is not being denied. The problem is that case law has become such an important part of the judicial process that the other branches treat these decisions by judges as law and orders. Justice is based upon two things; the plaintiff and the defendant, period. Remember this. That case has no true bearing on law, it is only a decision. Example: Eric is convicted of burglary for showing that he had a gun in a crime. John is convicted of aggravated armed robbery for showing that he had a gun in a crime. No law has changed that was enacted by the legislature. Yet we see two different Judicial opinions to two separate Judicial cases. A Judicial decision can only be related to one case. Judicial opinion can change a law, but not without a legislative action changing a previous action. As much as we don't want to admit Roe v. Wade was only one case and did not change legislative law. Brown v. Education did not change law. The legislatures saw these as a reason to change law. (Roe v. Wade has never been universally changed by the courts decision in that one case). Iowa's gay marriage decision was one case, and those two should be married. But the legislative and executive branches have not lost their law. The law still states a Marriage between a Man and a Woman. No matter how you feel about the issue, it is still the law. Every gay couple that weds in this state next month is breaking our law because their case was not brought to court to defend. Every county recorder in this state needs to uphold their pledge. To uphold and defend the constitution of America first. The United States of America still upholds, as a supreme being the ideals of marriage. The christian supreme being as in god and its ideals as a defense. Not only that, but that the Judicial branch can not reverse law but only have an opinion on the specific case involved. Case Law is great but cannot automatically create laws. Balance of powers.
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