Wednesday, September 19, 2007

Legislating from the Bench

Here's a story brought to us from the folks over at CitizenLink. It seems like the Maryland judiciary consists of a number of judges who believe that their opinions supersede the acts of the State legislature, and that they can overturn Maryland State law whenever they deem it to be unconstitutional.

Now, I don't know how this law was passed; whether it was passed by the legislature of the State of Mayland, or by popular referendum, or whatever; I simply do not know the internal workings of the State of Maryland. But whenever you've got a situation where the judiciary believes itself to be the final lawmaking body within a State, or the nation, for that matter, you don't need a constitutional amendment to protect the law from the legislature. What you need is a convention to redefine the boundaries of the respective powers of government, and to whom, and under what conditions, you are delegating and entrusting those powers, with punishments for the violation thereof.

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