But Seriously...Life?
The thing about the Michigan Life for Adultery article is that it highlights what I think is one of the biggest problems facing the nation, or not if you like the direction. As I've written before I see an increasing trend towards "Judging from the Assembly" (I'm still playing with the words, I need to hire Frank Lutz) which is the opposite side of the coin from "Legislating from the Bench." The interpretation by Judge William Murphy, sarcastic or not, shows the damage that taking a "literal" interpretation of statues "regardless of the consequences" is not only stupid, but un-American. To take a literal interpretation means you believe the same group of people that routinely garner low 30's in approval rating (I'm not sure what MI's Assembly gets, but I got a dollar that says its max low 50's) can write laws that cover every possible situation while sitting in their office, writing bills, amending them, and passing them is not only naive, but stupid. What happens is that statute exceptions are too many, too cumbersome, poorly written, and overlooked, and a "blanket" rule is passed because its easier to encompass everything than deal with reality. The problem is that its not a security blanket, its a plastic bag.
The Court system insures that common sense prevail in extraordinary circumstances, it is also an independent Third Branch of government. What's the point of having an independent judiciary if they can't be independent? Saying the Court must interpret statutes literally, combined with mandatory sentencing takes away that independence and robs We The People of one of our great protections.
This is what happens when everyone goes all aflutter and buys into the media hype about "Activist Judges." Less freedom for all.
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2 comments:
Actually, it's two sides of the same coin. It is just as destructive to our liberty to have "activist judges" (see Roe v. Wade, Kelo) as to have over reaching legislatures. Abuse of power is abuse of power regardless of which branch is doing it. I don't see a weak sister in the bunch.
Two things.
One the reason I put it a step above "activist judges" is that no one's talking about it. Call it a silent scourge, just like you.
Two, abuse of power is a problem the more universal the coverage. Congressional acts are nationwide, MI Supreme Court decisions affect the entire state, a local judge only affects his area. The most abusive city government only affects the city. Ideally, the most active government is your local government, with each successive step higher doing less and less.
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