Thursday, October 16, 2008
I thought senator McCain did pretty well last night in the debate. He hit Obama again and again and you could see that Obama spent half the time defending his record, especially on the pro-life "woman's health" issue, on the Joe the plumber tax and health care, on the ACORN, .... It's spectacular when senator McCain again and again praised Obama for his eloquence because it's obvious to everyone watching that Obama pretty much got nothing more than his eloquence.
I particularly, fundamentally and strongly disagree with senator Obama on the court standing up for fairness and justice when no one else does. That's not the job of unelected and therefore unaccountable judges. That should only be the job of the legislature, where legislators will have to face the electorate and answer for what they do each time they want to be elected. Not only that, judicial systems are not designed to address public policy issues because they cannot address all the different fact patterns but rather limited to the particular fact pattern of the particular case that has come before the court. Only the legislature can make policies that are broadly applicable to all fact patterns. Dicta are not precedence and stare decisis will do no good. Also, appellate court's decisions are effective retrospectively back to the original date of the events that took place that initiated the law suit. Law should not take effect retrospectively. Most legislation when passed by the legislature and signed into law by the governor does not take effect until 90 days after the legislative session have adjourned. This is to allow the time for the public to become aware of the new law before charging folks with obeying them.
I particularly, fundamentally and strongly disagree with senator Obama on the court standing up for fairness and justice when no one else does. That's not the job of unelected and therefore unaccountable judges. That should only be the job of the legislature, where legislators will have to face the electorate and answer for what they do each time they want to be elected. Not only that, judicial systems are not designed to address public policy issues because they cannot address all the different fact patterns but rather limited to the particular fact pattern of the particular case that has come before the court. Only the legislature can make policies that are broadly applicable to all fact patterns. Dicta are not precedence and stare decisis will do no good. Also, appellate court's decisions are effective retrospectively back to the original date of the events that took place that initiated the law suit. Law should not take effect retrospectively. Most legislation when passed by the legislature and signed into law by the governor does not take effect until 90 days after the legislative session have adjourned. This is to allow the time for the public to become aware of the new law before charging folks with obeying them.
