Indicting the Injustice System

Submitted by Bill St. Clair on Mon, 25 Apr 2005 12:00:00 GMT
# Chief Justice John F. Molloy at J.A.I.L. - The Fraternity: Lawyers and Judges in Collusion Law loses its way - a summary of Mr. Maloy's book. An Arizona judge indicts Amerika's legal system. scopeny
By the time I ended my 50-year career as a trial attorney, judge and president of southern Arizona's largest law firm, I no longer had confidence in the legal fraternity I had participated in and, yes, profited from.

Surely it's time to question what has happened to our justice system and to wonder if it is possible to return to a system that truly does protect us from wrongs.

...

Our Constitution intended that only elected lawmakers be permitted to create law.

Yet judges create their own law in the judicial system based on their own opinions and rulings. It's called case law, and it is churned out daily through the rulings of judges. When a judge hands down a ruling and that ruling survives appeal with the next tier of judges, it then becomes case law, or legal precedent. This now happens so consistently that we've become more subject to the case rulings of judges rather than to laws made by the lawmaking bodies outlined in our Constitution.

This case-law system is a constitutional nightmare because it continuously modifies Constitutional intent. For lawyers, however, it creates endless business opportunities. That's because case law is technically complicated and requires a lawyer's expertise to guide and move you through the system.

The judicial system may begin with enacted laws, but the variations that result from a judge's application of case law all too often change the ultimate meaning.

# GeekWithA.45 - Sometimes, Life Gives Us Surprising Opportunities... - the Geek found a Marlin Camp .45 carbine. He likes it. [geekwitha.45]

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