Precedent or The Constitution - which is higher?SO STOP THE KANGAROO COURTS FILLED WITH KANGAROO JUDGES PERVERTING THE CONSTITUTION!
The Judges’ obligation is to obey the Constitution – not other federal judges. Precedent is FINE when it’s correct. But when it’s incorrect, it should be overturned.
Now let me see if I can briefly explain Precedent. It is a very valuable tool for lawyers and their clients. Say you come to me with a civil dispute and you are thinking of asking me to file a lawsuit for you. And you ask me, “do I have a good case?” Well, the only way I can advise you on whether you have a good case is by seeing how courts have ruled in other cases similar to yours. So I am able to predict pretty well how they are likely to rule in your case. This is REALLY important to you because you don’t want to file a lawsuit unless we are pretty sure you will win. So in most of the civil disputes people have (torts, negligence cases, breach of contract, defamation, construction defects, etc.) the lawyers LIVE & DIE BY PRECEDENT.
The same goes for criminal cases. If you are being prosecuted for possession of this or that, my FIRST inquiry is, “was the search legal”? So I read the cases – the precedent – to see how the Courts have ruled in search & seizure cases like yours. This is extremely valuable information for us – and it guides us in deciding whether your best bet is to fight it or whether I should seek a good deal (with the prosecution) for you.
Now – you will note that I have been talking about litigation (civil or criminal) which affects individual people in their personal lives.
What about “constitutional issues”?
The Supreme Court has perverted Section 1 of the 14th Amendment. Those opinions where they used Section 1 to overturn state statutes criminalizing abortion and sodomy – and legalizing homosexual “marriage” – are absurd & silly and are usurpations of powers not delegated to the federal courts. Any Judge who honors his Oath [which is to obey the Constitution, not other judges] would see that the decisions in those cases need to be overturned. These are issues reserved by the States or The People. THEY are the ones who decide how their State will handle these issues.
So the correct answer is: I will honor my Oath to obey the Constitution. When the precedent is right, I will follow it. But when there is a conflict between precedent and the Constitution, I will decide in favor of the Constitution.
SO STOP THE KANGAROO COURTS FILLED WITH KANGAROO JUDGES PERVERTING THE CONSTITUTION!
SO STOP THE KANGAROO COURTS FILLED WITH KANGAROO JUDGES PERVERTING THE CONSTITUTION!
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