January 12, 2004
Stanley Scoop 01/12/04 ** Special Edition **
THE STANLEY SCOOP **
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SPECIAL EDITION: Editorial Comments from the Denver Newpaper Agency -
Rocky Mountain News "Letters to the Editor"
Subject: The Colorado Judicial System - Mad, Bad or ?????
Letters to the Editor, December 19, 2003
Government's Judicial Branch Has Gone Mad
What has happened to the judicial branch of government? I feel that I have "gone
through the looking-glass" and what was up is down and what was black is white.
It is now illegal for our "elected" legislatures to draw congressional
districts, but it is legal for a partisan judge to do so.
It is now illegal for a school district to implement, by means of legislation, a
voucher program to help low-income, disadvantaged kids seek better schools and
give parents a choice, but it is legal for a judge to mandate that the only
acceptable education is the one delivered to us by the union-controlled, state
school system (shades of the USSR)? And last, but by no means least, it is now
illegal for anyone to purchase a television advertisement a certain number of
days before an election to use their "free speech" to get out whatever political
message they feel strongly enough about, but it is perfectly legal for all
incumbents and media outlets to purchase or use similar ads to deliver their
message with no restrictions at all!
It appears that our judges have gone mad and I have no obvious solution to this
problem. But something has to be done before activist and blatantly
unconstitutional decisions like these lead us into another civil war. It was the
issue of state's rights and self-determination that led us into the Civil War,
and these current issues are no less important and they are as equally divisive.
Letters to the Editor, January 1, 2004
Time Has Come to Curb Judicial Activism
I think it is time for the citizens and legislature to wake up to the current
crisis of judicial activism being exercised both locally and nationally. It is
obvious, by the extreme contention which surfaces with each judicial
appointment, that both sides are attempting to gain an advantage by selecting
judges who will promote their particular agendas, but it is making a mockery of
the separate-but-equal provisions of our Constitution and of the designation of
the legislature as the lawmaking branch of government!
I submit that Colorado should amend its constitution to limit the power and
scope of judicial activism. We should also provide more direct methods of
ridding ourselves and/or prosecuting judges who blatantly create their own law.
One approach might be to require judges to footnote all significant portions of
their decisions with specific references to the state constitution or other
With this approach, judges would still interpret the cumulative effect of
current law, but the footnotes would be used for the legislature to review and
negate decisions in which the desired effect of any one law was extended and/or
misapplied. I think the legislature should have the ability of requesting
additional footnoting down to the individual phrase if it is apparent judicial
activism is involved.
Every citizen should be greatly concerned with the current level of activism.
Whether you are pleased or dismayed with recent activist decisions, your future
and the direction of the law should not be subject to a judicial whim. Colorado
needs to act to restore the balance of our government!
Live Free or Die! Liberty in our Lifetime!
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