Tuesday, July 01, 2003

A proposal to fix California’s Government - Part 4

The Judiciary:
I would also reform the Judiciary branch of the government to bring it into line with its correct job. Their job is NOT to write laws but rather to see justice is carried out. If in any court case, a law is found unconstitutional, the Judge would overturn the law. However, they would not be allowed to write a remedy or new law. That is the job of the Assembly. Also, the Court would be forbidden by the constitution to find new law or rights (like single sex marriage) because that is the role of the Legislature.

Judges would still have the power to review laws to insure they are not infringing on our constitutional rights, but their power to make law would be taken away from them because that is not their function, even though many seem to think they are better legislatures then the folks in the Assembly.

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