Saturday, January 3, 2009

Stare Decisis's Role in Today's Political Climate

STARE DECISIS is "to stand by that which is decided." The principle that the precedent decisions are to be followed by the courts.

The concept of Stare Decisis is fairly simple. If you have a defined set of laws, and a court ruling tries to define one of those laws to a more finite level, it sets a precedence outside of the original definition of the Law. It is easily understood if you check out these diagrams, and can visually see the progression that takes place.

When you understand how Stare Decisis can pervert the Judicial system, one then asks the question of how to fix it? The only way to truly set things “right” would be to find one of the more controversial laws from the past that helped to create a precedence setting ruling, and fight it on a Due Process and Stare Decisis basis.

The other question that can be asked is “How did this happen?” The answer to that question lies in the people elected to office that set these laws up. In my article “Adjournment Sine Die” I discuss this briefly. Not to mention that when Congress passes 10's upon thousands of new Legislation every year, The Supreme Court can't keep up with the caseload of deciding Constitutionality. So, until someone comes alone to challenge it, Congress gets to pass it as law. And, if no one challenges it, it sets precedence for the creation of new laws that are even more erroneous.

This has come about most strongly in the 20th century. There has been a major push to create precedence for setting the Government up as the ONLY ruling body in the country.

This of course goes against everything the Constitution was created for. It is “For the people, by the people” and through the people that this Government is given it's power. The Constitution, and even the Federalist Papers talk about the power being the peoples and not the Government. There is even mention that the Government is null and void if the citizens rights are ever taken away. This too was discussed previously.

So, I ask: if our Rights are continuously being removed, if Congress is continuously creating legislation that is outside of it's authority, if the Judicial branch isn't ruling against these injustices, how are we supposed to set things right? How do we as citizens get the Government to pay attention to our wishes?

The only way left to us. We stand up and tell them that no longer are we going to sit idly by. No longer are we going to take the abuse. Each of us needs to educate our neighbor. We need the people to cry out long and hard. And only then will the Government listen. Only then can we effect the “change” that we have been asking for for so many years now.

Ask your Congress person to stick to the Constitution. Ask them to stop the insanity that plagues our Political Climate. Ask them to stop the use of Stare Decisis. Ask them to uphold the Constitution that they are sworn to protect.

How much longer must we suffer these injustices before we stand up and fight? How much longer do we have before we no longer have a way to turn it around? How much longer are you willing to wait?


3 comments:

Talking said...

We waste time to ask our congress, representatives or Senators to follow the constitution but my question is do they even know what the hell the constitution is or the balances and checks which were put into place by our forefathers to protect us citizens????

We must begin by educating the SOB's we put into office and if they do not stand for the constitution then fire them and get someone who puts our rights first and foremost.

Mary

MonsterMart said...

Awesome post, Avendora! You sure inspire me to do everything I can to put the power back in the hands of the people! A few days ago I received the new schedule for Washington State Legislature sessions; after reading this post I can hardly wait to stand up and be heard!

Anonymous said...

The problem with many in Congress or any other person/profession bound to uphold the Constitution...

They have not studied it nor understand its significance in the lives all American citizens.

Most of Congressdoes not see the Constitution as a living, viable document...rather just words on parchment paper.
It is to them easily molded to fit their agenda's and not its intended purpose of being.