Sunday, December 4, 2011

ALLEGED TEN FRAUDS UPON THE COURT


Alleged Ten Frauds Upon The Court

Someone asked me once, should judges be allowed discretionary powers? I hastened to answer yes, absolutely yes. Then he went on to say, should they be granted presumption of innocence? and I replied again yes, absolutely yes. I believe these are the best tools in the hands of great Honorable judges to pursue justice all the way. Then came the next question, should judges be given absolute power of discretion? Then my answer came back, I do not believe so for Judges are people too, and "Power does corrupt" as one writer indicated so plainly.

We are very thankful for the American Constitution which guarantees the pursuit of justice. Furthermore, we understand the word Nomocracy to simply mean the rule of law which limits the discretion of officials, and provides a process by which errors or abuse of discretion can be corrected. We trust officials to exercise such discretion as they have with wisdom, justice, and competence, to avoid government that is arbitrary, insolent, discriminatory, prejudiced, intrusive and corrupt. However, can judges push the envelope of their discretion to the detriment of the Country's citizens? I believe, they can, if left unchecked by watchful eyes. If such happens, it can send a tidal wave of bad publicity around the world. The Bible is true, "Love begins at home."

I love the way the former President Jimmy Carter said it, "The best way to enhance freedom in other lands is to demonstrate here that our democratic system is worthy of emulation." -Jimmy Carter
Yes, the democratic system of checks and balances demonstrates itself at home first.  We must protect our citizens, we must support our Constitution and we must discourage abuses of any sort.

"Next to our right of liberty, the right of property is the most important individual right guaranteed by the Constitution." -William Taft, 1909-1913  This is not new.  Property rights have been under attacks since 1909 and even before that.  What the Walton County has done here and to our amazement supported by the courts and the officers therein, are not new.  It is an all deja Vue.

The great Republican George Sutherland, Associate Justice of the United States Supreme Court, 1921 put it this way.  "The three great rights are so bound together as to be essentially one right. To give a man his life, but deny him his liberty, is to take from him all that makes his life worth living. To give him his liberty, but take from him the property which is the fruit and badge of his liberty, is to still leave him a slave." -

There you have it. Yes, Judges are people too and they make mistakes often and, that is why we have a system of checks and balances to prevent such, to correct such and to protect the public against such possible corruption of the absolute power.

No comments:

Post a Comment