Where is the Judge: Part III

Relationships exist on multiplelevels and offer many benefits.  Therelationship between the government and its citizens should be conducted bysimilar contractual rules that preside over other relationships.  Both parties’ boundaries and authority mustbe honored and respected; rules of interaction must be established and obeyed;mutual obligations and rewards must be defined and observed. 

            Thetemptation of the civil governing power to overstep its role with eitherindividuals or private businesses is nearly irresistible because the state hasthe power to force compliance. Therefore, the framers of our Constitution separated the powers of thelegislative and executive from those of the judicial.  By doing so, the forefathers intended that the courts would holdcivil government accountable to laws and rules of contractual obligations inthe same manner as the private sector. The state and the individual are both to be restrained by law.  Such a system of government providesprotection for the citizenry from civil abuse and fosters personal andfinancial freedom. 

            In the lastfew decades of America’s history, the courts have broadened their role beyondthe original boundaries found in the Constitution.  The judicial system has been charged with judicial tyranny, a termthat has been applied to courts that rewrite the law through verdicts ratherthan enforcing the terms of the preexisting law.  Legislating from the bench appeared in 1990 when Missourians defeateda tax increase, but the 8th Circuit Court overruled.  In 1995, Californians voted to stopstate-funded taxpayer services to illegal aliens but federal judgesoverruled.  Missouri passed the law ‘AWoman’s Right to Know’ in 2000. Although then Governor Bob Holden vetoed it, legislators followed thedue process of law and overrode the veto. U.S. District Judge Scott Write overthrew the legislature’s veto.  Many such examples of legislating from thebench are recorded.

            Whencitizens doubt that the courts will protect the private sector by upholding thepre-established laws of contracts, they engage in less constitutional ways tosecure success.  Frequently, businessesposition themselves for big government favors to improve their advantage.  Manipulation and coercion prevail as thedominant form of interaction.  Bribesare encouraged when justice is abated. Bribery extends beyond the concept of direct payoff but can come in theform of political support or exchanged favors. Bribery is an attempt to secure contractual advantage.  Bribery corrupts a social order and is widespread in a society where the courts have failed to honor just contractsbetween the civil and private realms. 

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