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Judicial Tyranny in the states?

Most Americans are under the impression that America is truly an ideal democratically just nation, in which the people have the power. Sadly people are ignorant and are unaware of how corrupt the United Sates truly is.  Back in February during a heated debate in government class (which I won of course) I was genuinely upset and disappointed with the Government.  I do not mean to come off as a staunch republican who does not see both sides, which many presume I am, because honestly, I always try to make an effort to see both sides of the argument as any experienced arguer would.  However, while debating the prop. 8 case that took place in California in 2010 my instinctual republican core flared through my chest as I pondered how so many Americans could be so complacent by allowing judges to overturn the will of the people.

Before I completely analyze the case and explain how tyrannical and absurd the conclusion was I would like to briefly summarize the events for those who are unaware.  In 2010 there was a trial concerning the legalization of same sex marriage in California, also known as the Prop. 8 case.  The citizens of California voted to decide whether or not gay marriage would become legalized. The people’s votes resulted with 52.2% against it and 47.8% for it.  Shockingly, the verdict of the case made gay marriage in California legal.  Now if you’re sitting at your screen shaking your head with your jaw dropped I assure you, you are not alone.  The Supreme Court judges of California who judged the case claimed “Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California,” the court said. This enrages me greatly because I cannot fathom how any judge can justify overturning the will of the people without having legitimate constitutional grounds, which the judge clearly did not have. I might also add that U.S. District Judge Vaughn R. Walker who turned down the ballot is openly gay and has been in a same sex relationship for over 10 years.  Hmm…..how ironic.

 

That is outright judicial tyranny!  The constitution, also known as the supreme law of the land clearly states under the 10th amendment that powers not granted to the federal government nor prohibited to the states lye in the hands of the people. “The Tenth Amendment states the Constitution’s principle of federalism by providing that powers not granted to the federal government nor prohibited to the states by the Constitution are reserved to the States or the people.”

Now my understanding is that marriage is not a protected class under the constitution therefore giving the power to determine gay marriage to the people, not a gay judge

who wants to marry his boyfriend.  If this doesn’t make you feel cheated and skeptical of the free land in which you believe you live then America may not be the country for you.  The fact that a judge publically performed a tyrannical act that represents the very reasons why pilgrims left England to set up a free land astounds me.  Now you may be sitting there thinking I am writing this from a bias perspective, however, I can assure you I am not. I do not care about the legalization of gay marriage; it makes no difference to me. I care about living in a just democratic nation that honors the principles our fore fathers wrote into the constitution.  This case is a perfect example of complete corruption in our government; under no circumstances is it ever legitimate or democratic for a judge to overturn the will of the people with out constitutional grounds. 

This arises a question in which I will leave you with.  Are federal judges in America made corrupt by the amount of power they are given?  Now for those who may not know, Federal judges are appointed by the president to serve a life term.  This becomes very gray to me because I see both sides as legitimate arguments.  One side argues that Judges must serve a life term so they are able to make tough decisions and do what is right without worrying about popularity or being reelected. Others argue that judges need to be elected because they are given far too much power with a life term.  The solution is far out of my hands. I just want to make people aware of the corruption in America and encourage them to become more involved because it really does matter, if we let a judge overturn the vote of the people what will we let them do next if we aren’t careful?

Sorces:

1)http://en.wikipedia.org/wiki/Tenth_Amendment_to_the_United_States_Constitution

2)  http://articles.latimes.com/2012/feb/12/news/la-santorum-decries-judicial-tyranny-in-prop-8-case-20120212

3) http://www.rochesterconservative.com/blog/judicial-tyranny-in-california/

4) http://latimesblogs.latimes.com/lanow/2012/02/gay-marriage-prop-8s-ban-ruled-unconstitutional.html

Wrapping your Brain Around the Electoral College

April 24, 2012 1 comment

This February I feel my true beliefs were greatly challenged when my government class was introduced to the Electoral College. I was greatly baffled by the Electoral College and the role it takes when electing the president, so much so that I had to ask many questions and ponder whether I believed it was right for the United States or not before I could formulate any opinions in my head. The Electoral College is such a complex and mystifying topic that really takes some time to fully grasp.  Believe me I have spent many moments contemplating the fairness and equality of the Electoral College and whether it follows the morals our nation was built on; I have finally come to a conclusion.

Before I discuss my outlook on the Electoral College and how it affects the nation’s voting process I feel I need to define the Electoral College and analyze what it truly does. Growing up I naively always believed people simply voted for the presidential candidates, people counted the votes, and the candidate with the most overall votes won the election and became the president. I couldn’t have been more wrong. Now you might be thinking, “wait that’s not how the United States voting process works?” don’t fret I was in your same shoes earlier this year.  The popular vote seems like the most efficient and fair way to elect the president but unfortunately it is much more complex than that.

The fore fathers of America established the Electoral College and wrote it into the constitution in 1845 after compromising with Americans.  In order to form the Electoral College the men had to make a compromise because some people wanted the president to be elected by popular vote and some wanted congress to elect the president.  The founding men where so against popular vote for two reasons. The first was because of their lack of trust in citizens to make an educated vote. They feared popular citizens with in the states that were by no means credible candidates could wow certain voters, ultimately putting an unqualified president in office.  The second reason was because they wanted to give the state a vote when electing the president. This is because American politics vary in different cultures of America.  (1)

            The Electoral College is a group of electors chosen from each state that ultimately determine the president. Regular citizens from each state vote for a number of electors committed to a certain presidential candidate. In other words democrats vote for a group of democratic electors and republicans vote for a group of republican electors that represent a certain candidate.  The electors chosen by the party of the candidate who wins the most popular vote become the electors in that state.  Next votes are counted state by state. The candidate who wins the popular vote in a state wins the overall electoral votes for that state.  Notice I said electoral “votes.” Each state is worth a different amount of electoral votes based off the population of that state. (1) Lastly the candidate who wins the most electoral votes wins the election.  Candidate must win a majority of 270 votes to win the election and become president.  (2)

After obtaining this basic knowledge regarding the Electoral College I was finally able to wrap my brain around the whole thing and devise a conclusion. The Electoral College is such a crucial process when electing the president; I say this because it truly regulates the voting to keep it fair. If the United States didn’t have the Electoral College any unqualified schmuck could run for president and possibly win the election.  Long live the Electoral College!

Sources:

1)  Article II, Section 1 of the Constitution outlines the procedure for selecting Presidents.http://www.thisnation.com/question/051.html

2) “Electoral College.” U*X*L Encyclopedia of U.S. History. Sonia Benson, Daniel E. Brannen, Jr., and Rebecca Valentine. Ed. Lawrence W. Baker and Sarah Hermsen. Vol. 3. Detroit: UXL, 2009. 490-491. Gale Virtual Reference Library. Web. 24 Apr. 2012.

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