Activist Federal Judges Make Up Their Own Rules

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Why is everything such a drama? Is it me or are people so eager to fight and fight and fight over every little thing?

What would Jesus do? Would he lobby for the mandating of saying the Lord’s Prayer in every public school and business, or would he just say the Lord’s Prayer??
 
American society and much of our political discourse is predicated to the proposition that we must get the government, as much as possible, off of our back. There are groups that talk about the military being too large, we’re told taxes are too high, we don’t want the government to mandate much of anything in regards to healthcare, there are also too many bureaucrats in too many government offices.

But when it comes to religion everybody seems to say “give me more government.” I just wonder what happens if the laws don’t turn out the way we imagined them to be. What if these laws turn into a way to limit freedoms. Great Britain had laws on the books for centuries that effectively barred Catholics from all government service and limited their roles in the military and some extent the country’s economic life. Could something like that happen here? Maybe if we start thinking that these harmless laws favoring this type of prayer over another can’t be used against us at some other time.

ChadS
 
American society and much of our political discourse is predicated to the proposition that we must get the government, as much as possible, off of our back. There are groups that talk about the military being too large, we’re told taxes are too high, we don’t want the government to mandate much of anything in regards to healthcare, there are also too many bureaucrats in too many government offices.

But when it comes to religion everybody seems to say “give me more government.” I just wonder what happens if the laws don’t turn out the way we imagined them to be. What if these laws turn into a way to limit freedoms. Great Britain had laws on the books for centuries that effectively barred Catholics from all government service and limited their roles in the military and some extent the country’s economic life. Could something like that happen here? Maybe if we start thinking that these harmless laws favoring this type of prayer over another can’t be used against us at some other time.

ChadS
You make a very good observation. Government laws are and have been used against people. Look at the “hate laws,” etc. God gave us a free will, but government always wants to take away our freedom.

We see more government power grabs everyday. What right does the judiciary have to allow abortion in 1973 and to ban school prayer in 1963? I have never seen a government law that I like. I am satisfied with the ten commandments!

“We are again recognizing the dangers of an over-governed society, coming to understand that good objectives can be perverted by bad means, that reliance on the freedom of people to control their own lives in accordance with their own values is the surest way to achieve the full potential of a great society (Freidman).”
 
The role of juries is shrinking in the United States. This trend is contrary to the intent of the Founding Fathers. **Juries have the right to evaluate both the facts and the law in a court case. ** Activist judges do not agree!

Juries have the right to nullify bad laws. For example, if someone were arrested outside an abortion clinic, that citizen should be able to get a trial by jury. Contrary to the instructions of the judge (juries are only allowed to judge the facts allowed by the judge), that **jury could find that the law is unjust **and vote to let the prisoner go free. The citizens of this country once had that power!

What is the proper role of a jury? Do we want to limit the role of juries? Do we want our justice system run by the experts, lawyers and judges? Society needs to decide.
 
Jury nullification is nothing new in the United States. Most times, it isn’t even suspected even by those doing it. Take, for instance, a case wherein the defendant’s guilt is established beyond even unreasonable doubt and yet the jury finds him not guilty. Was it a slap at the law or was the jury reacting to its own notions? Either way, it is the jury going outside the law and the results are identical.

There is a growing feeling that the national government has gone beyond its due boundaries. I suspect there will be people who use those feelings when they get to make final decisions that can never be reviewed.

Wisconsin has a unique history with religious issues. Back in the 1950s, the Fraternal Order of Eagles donated Ten Commandments markers to cities to commemorate, I believe, the work done at the time of a flood. The markers are simple stone tablets about four feet tall and are not at all heavily engraved. It takes effort to read the writing. The Freedom From Religion Foundation sued to have those markers removed. Cities ended up selling the small plots to whomever, fencing the marker, and putting up signs saying that it was on private property and was not municipally sponsored. There were hard feelings in some communities over the marker suit with yard signs in support of keeping them seeming to go up everywhere.

I have no idea how having a barely legible marker in a park is having a law promoting an establishment of religion. The arguments in favor of wiping all religious references away from the public seem contrived to me, though I am sure others strongly disagree. Judge Crabb’s opinion in the National Day of Prayer is also one that I find hard to follow. Prayer before a legislative session is fine, but a resolution that harms or forces nothing on anyone is not.

The bottom line is that I worry about it being a slippery slope if juries ever start knowingly using their findings to enact case-by-case law.
 
There is a struggle between those who believe in juror activism and those who believe in judicial activism. ** The government does not like its laws vetoed by a jury. ** The courts seek to limit the power of juries in various ways. The jury selection process can be engineered to disqualify people who understand what jury nullification is all about. “A couple of especially hard questions for those who understand and appreciate the political role of the jury are “Will you follow the law as given, even if you disagree with it?’ and/or ‘Have you read any material on the topic of jury nullification (Fully Informed Jury Association, 2002)?’”
 
Wisconsin has a unique history with religious issues. Back in the 1950s, the Fraternal Order of Eagles donated Ten Commandments markers to cities to commemorate, I believe, the work done at the time of a flood. The markers are simple stone tablets about four feet tall and are not at all heavily engraved. It takes effort to read the writing. The Freedom From Religion Foundation sued to have those markers removed. Cities ended up selling the small plots to whomever, fencing the marker, and putting up signs saying that it was on private property and was not municipally sponsored. There were hard feelings in some communities over the marker suit with yard signs in support of keeping them seeming to go up everywhere.

I have no idea how having a barely legible marker in a park is having a law promoting an establishment of religion. The arguments in favor of wiping all religious references away from the public seem contrived to me, though I am sure others strongly disagree. Judge Crabb’s opinion in the National Day of Prayer is also one that I find hard to follow. Prayer before a legislative session is fine, but a resolution that harms or forces nothing on anyone is not.

The bottom line is that I worry about it being a slippery slope if juries ever start knowingly using their findings to enact case-by-case law.
It’s one thing to say you have no problem with religious texts being placed on public property because it’s a religious text you believe in and is sacred to your tradition. Would you feel the same way if it was Buddhist text, or Muslim, or Wiccan? I think that if we allow one religious text on public property then we should not be surprised or in the least upset when a group with beliefs we don’t believe in demands the same access and freedom.

ChadS
 
It’s one thing to say you have no problem with religious texts being placed on public property because it’s a religious text you believe in and is sacred to your tradition. Would you feel the same way if it was Buddhist text, or Muslim, or Wiccan? I think that if we allow one religious text on public property then we should not be surprised or in the least upset when a group with beliefs we don’t believe in demands the same access and freedom.

ChadS
You sound like some of the atheists that I debate.

On atheism, Solzhenitsyn writes, “It has made man the measure of all things on earth – imperfect man, who is never free of pride, self-interest, envy, vanity, and dozens of other defects. We have lost the concept of a Supreme Complete Entity which used to restrain our passions and our irresponsibility.”

Alexander Solzhenitisyn

Atheism is “the calamity of an autonomous, irreligious humanist consciousness.”
 
Perhaps this Federal judge will take the opportunity to rule Christmas as unconstitutional.

Also Thanksgiving.
 
It’s one thing to say you have no problem with religious texts being placed on public property because it’s a religious text you believe in and is sacred to your tradition. Would you feel the same way if it was Buddhist text, or Muslim, or Wiccan? I think that if we allow one religious text on public property then we should not be surprised or in the least upset when a group with beliefs we don’t believe in demands the same access and freedom.

ChadS
As long as the government does not establish a religion, I have no problem with the expression of religion on public grounds. Only atheists want freedom from religion.

I use to travel both to Israel and India on business. I have had many interesting discussions about religion. I always try to find the common ground, even with my Hindu brothers that I greatly admire. Additionally, I read the two books of Judaism that are similar in form to our catechism of the Catholic Church. I also go to bible study at other Christian churches. We are all baptized in Christ and we are therefore of the same faith.

There is a common thread among all of the religions. We all oppose abortion as a great moral evil, for example.
 
I have no problem with other religions’ texts being into public. That in no way forces me into their belief systems nor does it constitute an establishment of religion. I can consider the writings and remain free to accept or to reject the thoughts expressed.
 
J

The bottom line is that I worry about it being a slippery slope if juries ever start knowingly using their findings to enact case-by-case law.
Great post!

I welcome a “slippery slope” for the government!

The ultimate purpose of jury nullification is to reign in the abusive power of the government. Judge Thomas Wiseman said, “Congress is not yet an infallible body incapable of passing tyrannical laws (Conrad, 1999).” Adam Smith and Thomas Jefferson believed that the role of government is an umpire, not a participant (Friedman, 1990).

Jury nullification would be particularly useful in administrative law where a government agency charges an individual with a crime. The IRS is an example of a government agency that is both judge and jury. If the IRS charges a citizen with tax fraud, I thinks that a citizen should have the right to request a trail by jury. Trial by jury would have a sobering effect on IRS tactics, as reported in recent years on taxes and with future OmamaCare!
 
As long as the government does not establish a religion, I have no problem with the expression of religion on public grounds. Only atheists want freedom from religion.
This is a statement I will whole-heartedly agree with. The thing that worries me is that if that symbol or this religious icon is allowed here, what happens when that is turned into something that I can’t support then?

What if one particular denomination or sect is allowed to dominate the public debate and things can get worked into what once were denominational neutral language can take on meanings that exclude other beliefs. For example say they’d allow all 10 commandment monuments to stand throughout the country. What numbering should be used or what translation? Can I object that they used the KJV and not the Douay-Rheims language?

You’ve talked about slippery slopes on here, this is one that would worry me. Like in a previous post I’d mentioned the Test Acts in Britain. Maybe we wouldn’t have an official religion but wouldn’t it be possible that things could lean that way?

ChadS
 
“National Days” are meaningless designations to humor certain constituencies, nothing more. At most they have a legal weight more akin to a resolution than a law. If congress resolves next week that the San Francisco city council should rename their city “Nancy Pelosiville” they don’t actually have to do it (but probably would).

BTW, there are many “National Days” (generally not “official”). One list is:

January 8 is National JoyGerm Day and Man Watcher’s Day
January 11 is National Step in a Puddle and Splash Your Friend Day
January 14 is National Dress Up Your Pet Day
January 19 is National Popcorn Day
January 20 is National Buttercrunch Day
January 21 is National Hugging Day
January 22 is National Answer Your Cat’s Question Day and National Blonde Brownie Day
January 23 is National Handwriting Day, National Pie Day, and Measure Your Feet Day
January 28 is National Kazoo Day, Clash Day, Rattle Snake Round-Up Day
January 29 is National Cornchip Day
January 31 is National Popcorn Day and Child Labor Day
February 12 is National Plum Pudding Day
February 14 is Ferris Wheel Day and National Heart to Heart Day
February 15 is National Gum Drop Day
February 18 is National Battery Day
February 19 is National Chocolate Mint Day
February 24 is National Tortilla Chip Day
February 26 is National Pistachio Day
February 29 is National Surf and Turf Day
March 1 is National Pig Day and Peanut Butter Lover’s Day
March 3 is I Want You To Be Happy Day, Peach Blossom Day and National Anthem Day
March 6 is National Frozen Food Day
March 7 is National Crown Roast Of Pork Day
March 14 is National Potato Chip Day
March 22 is National Goof-off Day
March 23 is National Organize Your Home Office Day and National Chip and Dip Day
March 24 is National Chocolate Covered Raisins Day
March 27 is National “Joe” Day More Info on National “Joe” Day
March 31 is Bunsen Burner Day and National Clams On The Half Shell Day
April 2 is National Peanut Butter and Jelly Day
April 14 is National Pecan Day
April 16 is National Stress Awareness Day and National Eggs Benedict Day
April 17 is National Cheeseball Day
April 22 is National Jelly Bean Day
April 24 is National Pigs In A Blanket Day
April 25 is National Zucchini Bread Day
April 26 is Richter Scale Day and National Pretzel Day
April 29 is National Shrimp Scampi Day
April 30 is National Honesty Day
May 4 is National Candied Orange Peel Day
May 5 is National Hoagie Day
May 14 is National Dance Like A Chicken Day
May 15 is National Chocolate Chip Day
May 21 is National Memo Day and National Waitresses/Waiters Day
May 24 is National Escargot Day
May 25 is National Tap Dance Day
May 28 is National Hamburger Day
May 31 is National Macaroon Day
June 2 is National Rocky Road Day
June 6 is Teacher’s Day and National Applesauce Cake Day
June 7 is National Chocolate Ice Cream Day
June 10 is National Yo-Yo Day
June 11 is National Hug Holiday and King Kamehameha Day
June 13 is National Juggling Day and Kitchen Klutzes Of America Day
June 16 is National Hollerin’ Contest Day
June 22 is National Chocolate Eclair Day
June 23 is National Pink Day
June 26 is National Chocolate Pudding Day
June 27 is National Columnists Day
July 4 is National Country Music Day and Tom Sawyer Fence-Painting Day
July 6 is National Fried Chicken Day
July 7 is National Strawberry Sundae Day
July 9 is National Sugar Cookie Day
July 11 is National Cheer Up The Lonely Day
July 12 is National Pecan Pie Day
July 14 is National Nude Day
July 15 is National Tapioca Pudding Day and Respect Canada Day
July 17 is National Peach Ice Cream Day
July 18 is National Ice Cream Day and National Caviar Day
July 21 is National Tug-Of-War Tournament Day
July 23 is National Vanilla Ice Cream Day
July 28 is National Milk Chocolate Day
July 30 is National Cheesecake Day
August 1 is Friendship Day and National Raspberry Cream Pie Day More Info on Pies
August 2 is National Ice Cream Sandwich Day
August 3 is National Watermelon Day
August 5 is National Mustard Day
August 9 is National Polka Festival
August 14 is National Creamsicle Day
August 15 is National Relaxation Day and National Failures Day
August 17 is National Thriftshop Day
August 20 is National Radio Day
August 21 is National Spumoni Day
August 23 is National Spongecake Day
August 26 is National Cherry Popsicle Day
August 30 is National Toasted Marshmallow Day
August 31 is National Trail Mix Day
September 2 is National Beheading Day
September 8 is National Date Nut Bread Day and Pardon Day
September 12 is National Pet Memorial Day and National Chocolate Milkshake Day
September 14 is National Cream-filled Donut Day
September 17 is National Apple Dumpling Day
September 18 is National Play-doh Day
September 19 is National Butterscotch Pudding Day
September 20 is National Punch Day
September 25 is National Comic Book Day
September 26 is National Good Neighbor Day and National Pancake Day
September 30 is National Mud Pack Day
October 4 is National Golf Day
October 5 is National Storytelling Festival
October 7 is National Frappe Day
October 10 is National Angel Food Cake Day
October 13 is National Peanut Festival
October 14 is Be Bald and Free Day and National Dessert Day
October 20 is National Brandied Fruit Day
October 22 is National Nut Day
October 23 is National Mole Day
October 24 is National Bologna Day
October 28 is Plush Animal Lover’s Day and National Chocolate Day More Info On Chocolate
October 30 is National Candy Corn Day
October 31 is National Magic Day and Increase Your Pyschic Powers Day
November 2 is National Deviled Egg Day
November 7 is National Bittersweet Chocolate With Almonds Day
November 12 is National Pizza With The Works Except Anchovies Day
November 13 is National Indian Pudding Day
November 15 is National Clean Out Your Refrigerator Day
November 23 is National Cashew Day

(and more, but the list is too long to post)
 
Jurors have the power to nullify bad laws. “Amendment VII of the Constitution guarantees that jury verdicts which nullify laws cannot be reviewed and the Supreme Court has affirmed this (Silveira, 2001).” A jury acquittal is final. Jurors are free to vote their conscience because they cannot be prosecuted for their verdict.

Another tactic of the judicial activists is to limit the number of trials with juries. Only 4.3 per cent of federal criminal charges are now ending in jury verdicts, down from 10.4 percent in 1988. Federal civil cases resolved by juries dropped from 5.4 percent in 1962 to 1.5 percent in 2000 (Glaberson, 2001).

Many believe that cultivating jury nullification is a mistake. “Unlike legislators or electors, jurors have no opportunity to investigate or research the merits of legislation (King, 1999). “Some legal scholars, judges and business lawyers say that reining in juries is a necessity in an overloaded legal system. Others argue that juries must be controlled to limit excesses, and curb prejudices like hostility to big corporations (Galberson, 2001).”
 
You need to review what the Establishment Clause and the Free Exercise Clause actually say. You would then see the insanity in this ruling, which will soon be overturned by the Supremes.
So the government CAN favor one religious group over another?
 
Personally, I have no problem with expression of religion on public grounds, provided that the taxpayers aren’t paying for it. For example, I would have no problem if a priest volunteered to come in and say a prayer before a meeting of Congress. But I DO have a problem with an official congressional chaplain drawing a salary for it. I have no problem with a local church donating a plaque of the Ten Commandments to put on a courthouse wall. But I DO have a problem with the courthouse actually buying such a plaque.

Also, since politicians and judges, in order to perform their duties effectively, have to have a degree of objectivity and neutrality to them, I think that a political figure who incorporates his religion into his job, is automatically biased, and reasonable people would do better not to vote for him again. But they’re not nearly as bad as the politicians who wear their religion on their sleeve in order to garner votes. Those people are insulting the intelligence of the religious community. (The sad thing is, it often works.)

As for the Government’s assimilating more and more power, I believe in a more libertarian form of Government, as envisioned by Thomas Jefferson. They should provide us with military defense, a court system and a police force. And local governments can take care of all the little things like building public schools and paving roads. But that’s ALL that governments should do. We should NOT be policing other countries, we should NOT be stopping immigrants at the border, we should NOT be arresting people for smoking pot, we should NOT be regulating banks and corporations, and we should NOT be telling people when and where they can pray. (And yes, I voted for Ron Paul.)
 
Personally, I have no problem with expression of religion on public grounds, provided that the taxpayers aren’t paying for it. For example, I would have no problem if a priest volunteered to come in and say a prayer before a meeting of Congress. But I DO have a problem with an official congressional chaplain drawing a salary for it. I have no problem with a local church donating a plaque of the Ten Commandments to put on a courthouse wall. But I DO have a problem with the courthouse actually buying such a plaque.

Also, since politicians and judges, in order to perform their duties effectively, have to have a degree of objectivity and neutrality to them, I think that a political figure who incorporates his religion into his job, is automatically biased, and reasonable people would do better not to vote for him again. But they’re not nearly as bad as the politicians who wear their religion on their sleeve in order to garner votes. Those people are insulting the intelligence of the religious community. (The sad thing is, it often works.)

As for the Government’s assimilating more and more power, I believe in a more libertarian form of Government, as envisioned by Thomas Jefferson. They should provide us with military defense, a court system and a police force. And local governments can take care of all the little things like building public schools and paving roads. But that’s ALL that governments should do. We should NOT be policing other countries, we should NOT be stopping immigrants at the border, we should NOT be arresting people for smoking pot, we should NOT be regulating banks and corporations, and we should NOT be telling people when and where they can pray. (And yes, I voted for Ron Paul.)
I agree with much of this, except on incorporating your religion into your job. If you run as a proud member of the NRA and gun rights are important to me, you can bet I expect you to act and vote consistent with that membership. Likewise, if you claim to be pro-life, Catholic or other Christian and that is important to me, I expect that to be reflected in your job.

I agree with you that using your religious identity only to garner votes is wrong. To me that is deceitful and such people should be removed from office at the earliest opportunity.
 
We can all agree that a state religion is never a good thing.

I am tired of judges telling me that ONLY they can interpret the law! That idea is so prevalent that I saw that statement in a college textbook. Hog Wash!

Today we live in an age of judicial judicial tyranny. **Jurors have the right to judge both the facts and the law! ** The government does not like its laws vetoed by a jury. The courts seek to limit the power of juries in various ways. **The ultimate purpose of jury nullification is to reign in the abusive power of the judiciary. **

There is a struggle between those who believe in juror activism and those who believe in judicial activism. The only way that the average citizen can negate bad laws is to **rufuse to enforce bad laws in a trial by jury. **
 
We can all agree that a state religion is never a good thing.

I am tired of judges telling me that ONLY they can interpret the law! That idea is so prevalent that I saw that statement in a college textbook. Hog Wash!

Today we live in an age of judicial judicial tyranny. **Jurors have the right to judge both the facts and the law! ** The government does not like its laws vetoed by a jury. The courts seek to limit the power of juries in various ways. The ultimate purpose of jury nullification is to reign in the abusive power of the judiciary.

There is a struggle between those who believe in juror activism and those who believe in judicial activism. The only way that the average citizen can negate bad laws is to **rufuse to enforce bad laws in a trial by jury. **
Well said. Also, I think a lot of Democrats are unwilling to challenge the power of judges, because the issue of activist judges is played up in the media as part of the “conservative” agenda. They insinuate that all the activist judges are liberals. Not true. I’ve heard just as many stories of right-wing activist judges. The problem is one of Government seizing too much power, particularly, judges stealing power away from jurors. But the media likes to turn it into a left-versus-right debate. I think the best thing this nation could ever do is abolish the poltical parties, and take every issue one at a time, and base desicions on logic, not loyalty.
 
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