Monday, September 7, 2009

Fairness & the law

Most people believe in fair and just treatment for all who may find themselves confronted by prosecution in our legal system in America. But everyones idea of what is fair or just, is so varied, the objective facts are all but overwhelmed by the subjective views of all the participants in regards to, what is fair or just.
America was founded in the objective truths and self-evident facts of the natural world not by the imaginations and emotional views of fairness but the objective evidence of facts. That is where true justice exists, anyone can validate this by taking notice of America's statue of justice which uses a blindfold and balance scale, one is to remove human nature from the decision making process, the other to be objective in weighing the evidence free of human nature's influence.
To allow judges within our system to make decisions in any case before it flies in the face of our founding whenever it has direct effect on any citizen. You might say that our founding fathers intent was that judges were not intended to judge people or the actions of people but to make sure that all prosecutors functioned within the bounds of established law only.
When ever some or any judge hands down a court order to an individual or city or law enforcement that was not vetted by a jury of citizens it represents a violation of the spirit and intent of our Constitution, if not specifically of laws. It was not intended that judges were to be judges in the same way and ways they historically did under despots and kings etc. elsewhere in the world. The only judgment judges were to engage in was the strict adherence to established laws not their personal opinions. No such power was intended or granted by our forefathers.
Did you ever notice that when a judges hands down an order, it said to be the opinion, of the court or judge. We the people don't pay them for their opinions, outside their legal opinions regarding established legal statues. If and when no law or statue covers the problem they were not granted the legislative powers to make one.
We lament the many cases brought before our courts and judges, that are absurd, and outside existing laws. The truth is the judges are supposed to throw out all such suits instead of wasting the tax dollars of the citizens by even hearing them. If the people decide some issue needs a law to cover it, they will apply pressure on our legislators to makes said laws, but in no case should judges twist, parse existing laws to fit where it was never intended by the law makers. The modern day fact that our current lawmakers shirk their duty, or even allow judges to make decisions that only they have the authority to make, is and always has been malfeasance in their responsibilities.

G.A.P.

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