From todays local rag, Both Kagan and ... Ginsburg wondered about the differences between legislative bodies such as Congress, where the audience members are spectators, and a town council, where citizens comes to ask for specific action.... My God, are our supreme court justices so pugnacious as to refuse to see the clear meaning of the words of the first amendment? Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.... Congress has made no such law, and the US Supreme Court has no authority to make law where there is none. Even New Yorks constitution, via its bill of rights, section 3, guarantees that there can be no law infringing on the right of the people to profess their faith and worship as they see fit, except where such disrupts the peace and safety of New York: §3. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state to all humankind; and no person shall be rendered incompetent to be a witness on account of his or her opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state. (Amended by vote of the people November 6, 2001.) Clearly, the duly elected members of local government have the right to pray--according to *their* faith(s)--that they make the right decisions in their official roles as elected leaders of the community. New York state courts should have ruled that the local officials properly prayed in accordance with the law. The federal appeals court should have ruled that New York state court rulings adhered to New Yorks constitution and should have dismissed the case; instead, it chose to make law where there is none. The US Supreme Courts job is to slap down the appeals court for making law; instead they engage in histrionics in order to distract from their own efforts to make law. When courts of law feel free to make law where there is none, it becomes clear that there is no longer any separation of powers in this land, that the rule of codified law has been discarded, that we are now subject to the arbitrary and capricious rule of those with the mere might to force their whims on us. Our republics are dead.
Posted on: Thu, 07 Nov 2013 18:26:25 +0000
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