Monday, November 15, 2010

BECAUSE I SAID SO

When I was a child, I would often ask my parents for something or permission to do something and just as often they would answer no. When I would ask why, their answer was usually, “Because I said so”. That, without fail, ended the discussion. While that didn’t satisfy my curiosity, it was all I got.

Recent events have made the news concerning activist judges and their responses to various cases they have heard. The state of Oklahoma, in the last election, approved by a seventy percent majority a law which would disallow Sharia Law from being used in that state. A single Federal Judge, on hearing the case, stopped it in its tracks. Why? Because she said so.

Recently in Arizona, the people, by a huge margin, enacted a law which would go a long way in dealing with their illegal immigration problem. Another Federal Judge threw it out. Why? Because she said so.

All across the country judges are setting themselves up as supreme dictators usurping the will of the people and making law from the bench. Why? Because they said so. Somehow some have come to believe that these elected or appointed former lawyers are granted some divine right of intervention once they don the robe of judge.

In both of the cases cited above, appeals have been sought and in the final analysis will probably find their way to the Supreme Court where they will doubtlessly be overturned.

If the last election taught us nothing else, it should have alerted the powers that be that we the people are in charge. An example of this is the state of Iowa. There, three state Supreme Court Judges were fired by the voters for, among other reasons, finding Iowa’s law requiring legal marriage to be between one man and one woman, to be unconstitutional. Their ruling would have allowed so called “gay marriage”. The people said no. It has been reported that in the next election the remaining judges will also be eliminated by the voters.

Too often special interest groups go “judge shopping”. They research sitting judges to determine those who would be sympathetic to their cause and bring actions in their courts in an effort to stack the deck in their favor. Apparently, if you have enough money, it isn’t very difficult to do.

We the people need to face this fact. Just because a lawyer puts on a black robe and sits on a bench in a courthouse, doesn’t increase his or her intelligence or judgment. They don’t park their bias at the courthouse door. Judges are people and people are fallible. Judges, like all people, have their prejudices and their political opinions. Their job is not to write law however. That is the job of legislatures throughout the country and in Washington, DC. Judges, like all officials who govern and control our lives, must be accountable to the people. When they violate their oath and try to usurp the will of the people by writing law instead of interpreting law, they need to be fired.

Too often, I suspect, we become enamored with the pomp and circumstance of the courthouse. We have been led to believe that judges are somehow blessed with this unquestioned wisdom. One of my childhood friends is now a judge. He is a great friend and he definitely is smart, but judicial wisdom? I don’t even know what that means.

Because I said so is not a reason to usurp the will of the overwhelming majority of the people and I am pretty sure that this is not what our framers had in mind when they established the three branches of government. Laws are made by duly elected legislators and judges serve as referees, and not just because I said so.

Ron Scarbro November 15, 2010

2 comments:

Heather Olson said...

Oh, Like I'm not gonna comment on this one!

I remember as a child hearing the very same "Because I said so" from your mouth. I also remember saying that when I grew up and had kids, I would NEVER say such a thing. I'm sure if you check with you darling grandchildren, you will find that I write the law from the bench! LOL

As a parent, it is my responsibility to do such. I am accountable to God and my children's well being therefore it is entirely "Because I said so". I am accountable to my children's well being, not to my children. They must explain their actions to me, their mother, not the other way around. I do not justify to my children. They do as they are told because I told them to do it.

Judges are not parents. We their employers, are not children. They were elected and appointed by adults. The problem goes farther than the judges, it goes to a system that allows for and encourages judge buying. Back room deals, golf course buddies, cigar smoking and scotch drinking at the gentleman's club... these are the arenas that create the corruption in politics and the court system.

Don't get me wrong, I have no problem with golf, cigars, scotch or gentlemen's clubs. Many great business deals get done that way. I have a problem with corruption.

These people should all be put in time out, Because I said so.

Love you Daddy,
Heather

Mikey Q said...

As a parent who has used that phrase more often than I care to share, I do remember saying it because my gut feeling on the kids request was no, they would ask why, and I would not have a quick reponse that would make sense. I was always slow on my feet, but 10 minutes later I would have it. I was never a great debater, and that is why I write, because I have time to think about what I want to say. Doesn't mean it makes any better sense, just means I had more time.

Loved your reponse, Heather, miss seeing you. Q