Posted by: al66888 | June 6, 2007

Another example of legislation from the bench

Think back to your 5th grade history class.  I know that’s a long time ago for some us, but this shouldn’t be hard to remember.  Remember learning about the 3 seperate but co-equal branches of government?  We were taught about a system of checks and balance.  There is the Executive, Legislative, and Judicial branches.   The legislative, made up of the two houses of Congress, makes the laws.   The Executive, the President, has the ability to sign those bills into law or to veto it.   And the Judicial, made up of the court system,  has the ability to hear cases to make sure that the laws are Constitutional.  The new trend however is for activist judges to be placed on the bench and to create law and block law that does not agree with their judicial philosophy.

The latest example comes from Texas, where a small town is being overrun by illegal immigration.  The town of Farmers Branch, has come under such an assault, that the people of the town voted to ban the renting of apartments to illegal immigrants.  For the second time, a judge has put a restraining order on the law.

U.S. District Judge Sam Lindsay extended his temporary restraining order blocking the law until June 19, when he plans another ruling on whether the measure can be enforced while it is subject to legal challenges.

Since when do we stop a law with a ruling while waiting for another ruling? Almost all laws are subject to some legal challenges, but during the course of those challenges, the law doesn’t cease to exist. Have abortions been illegal since Rowe v Wade was under assault? No, you can’t just halt law, you need to prove that it’s unconstitutional and once that is done the law can be changed, ammended, or removed.

Of course, in this case, the great anti-American organization, the ACLU, is defending the illegal immigrants. The ACLU contends

poor families could be thrown out of homes because of the ordinance.

No, families would be thrown out because they are in there illegaly! Not because of the ordinance. The ordinance is just trying to protect the citizens, but it is neither the cause nor the effect of the problems in the town.

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