October 30, 2006
Absence of Justice

Prof. David DeWolf, Andrew Cook and Seth Cooper, of the local Federalist Society, have released The Washington Supreme Court: A Special Issue Report, which examines many of the more recent rulings of the state high court. It opens:

In Federalist No. 47, James Madison wrote that the accumulation of legislative, executive and judicial powers into the same hands "may justly be pronounced the very definition of tyranny"
That would seem to apply to the Alexander/Owens statist court, wouldn't it. Read the report for the details.

Posted by Stefan Sharkansky at October 30, 2006 02:58 PM | Email This
Comments
1. Shark,

You must have literally fallen in love with John Groen, to have forgotten that Gerry Alexander is a Republican. He was hugely supported by Republicans like Dan Evans, and Slade Gordon. It is sad that the conservative political bloggers have forgotten that we (Republicans) are very well served by Justice Alexander. It's a shame Republicans didn't get Groen to run against Tom Chambers...Where we would have had a real chance to throw out a Lib, instead of an Evans Republican.

Posted by: jacob on October 30, 2006 06:46 PM
2. Activism/judicial overreach is in the eye of the beholder. The turn of the century preWW2 court was probably one of the most conservative we have had. They overturned federal and state laws left and right. Conservatives cheereds as the court struck down minum wage, workplace safty, overtime, etc. These same sort of conservatives would boo when the court struck down abortion laws, sodomy laws, etc. Clearly the problem is not overrulling the leg, but something else.

There are really two key questions that have to be asked. What does the constitution say? And what level of deference is given to the legislature? For example does the constitution empower/not restrict state/federal action in an area, and more importantly who determines who and to what extent that power can be exercised. Traditionally and for better or worse this has been the Court

Posted by: Giffy on October 30, 2006 07:17 PM
3. Jacob, an Evans Republican IS a lib... lite. What party a Supreme Court justice belongs to is less important than their record, and Alexander's is overwhelmingly in favor of government over the individual.

If I had to choose a party of preference for a Supreme Court justice, it would be Libertarian. But it's gonna be a cold day in Haiphong Harbor before I vote Libertarian for President, Governor, Congress, or Legislature. A Libertarian vote in those venues is by default a Democrat vote.

Posted by: sro on October 30, 2006 07:18 PM
4. You're a woman's genitalia Sharkansky! A big woman's genitalia! And I won't pay you a friggin dime! HAHAHAHAHHAHAAHHHA!

Posted by: Peaches Marie on October 30, 2006 07:54 PM
5. Thanks for your constructive input, Peaches. I always heed the advice of those who compare me favorably with female genitalia.

Posted by: Stefan Sharkansky on October 30, 2006 09:46 PM
6.
Very interesting "special report" on our supremes.

No one should be surprised that all these cases came out against citizens' rights. WEA, SEIU, Wash. Fed of State Employees, the Legacy Fund, etc. - they just keep making whatever payments for PAC independent expenditures they need to. These entities bought control, and their threats to fund the campaigns of challengers ensures compliance by the incumbents. The cases in this "Special Report" are what they purchased from, and coerced out of, the politicians on the Supreme Court.

The Alexander court has been way too generous to its big contributors. There's lots of language in these opinions that the groups who make money from governments love. Now information can be kept secret from the public, illegal taxes are validated, and what had been protected private property rights are up for grabs.

This report suggests we consider "the proper role of the courts in our constitutional system." The proper role of a court is to decide, in an unbiased manner, the merits of what the parties argue. That is not what is happening in the Supreme Court in this kind of case.

One of the opinions identified in the report is the Sheehan case. Aspects of it are addressed here: [ http://soundpolitics.com/archives/007147.html]. Comparing the citizens' briefing to what the opinion says illustrates how the system is rigged. The court used underhanded tactics to validate those taxes. The prerogatives of a judge in no way include ignoring claims and imputing fallacious arguments to parties.

There are several thousand separate, overlapping governments in Washington. They've got a majority on the Supreme Court bent on making sure citizens' "rights" evaporate once the doors close and the deliberations begin.

Posted by: R. Fosgates on October 31, 2006 11:38 AM
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