Judicial Tyranny

The framers of the constitution never intended for any one of the three branches of government to be able to trump the other unless certain actions were taken that was clearly outside constitutional boundaries. Each branch of Government was carefully and thoughtfully designed to be independent of one another, each having the responsibility to protect the sovereign rights of each other and every other citizen. The Supreme Courts of both West Virginia and the United States cross the constitutional boundaries in pursuit of their own political, philosophical, social, economical and environmental ideology. Federal court judges consistently legislate from the bench. Today’s judges, manipulate constitutional interpretation to create law and set precedence in ways that are far beyond the powers given to them by the constitution itself.

Judges are no more honest nor do they process greater powers of judgment or intelligence than any other respectable citizen. They are influenced by the same social and cultural influences as the rest of us. That is why the constitution did not provide for them veto power over Congress, the Legislature, our Governor or the President. The courts have become far more powerful than ever intended and they have exercised their veto power on numerous occasions throughout the last 50-75 years.

Judges on the federal level are accountable to no one. Not the voters, Congress or the Executive Branch. Since they are appointed for life, there are no consequences afforded to judges who render decisions that stretch the confines of our constitution. In West Virginia, judges are elected on a partisan basis. Democrat judges rule in favor of democratic principles and republican judges rule in favor of republican principles. To be fair, they are a large number of judges at both the state and federal level who are smart, fair and understand their role in the judiciary. The problem is that the majority of judges these days seem more activists than judges.

In West Virginia, we need radical change to take place in the judicial system before there are no businesses left to employ us, doctors to treat us or insurance companies to insure us. One step in the right direction would be to allow for non-partisan election or appointment of judges. Let judge’s qualifications and ethics determine his/her eligibility to sit on the bench. Not what party he is affiliated with and certainly not because of his position on a single issue.

Consider this: Only 9 states elect judges on a partisan basis, 4 states allow joint and several liability and unlimited punitive damages, and only 6 states allow third party claims. West Virginia laws permit all of this in its court system. A virtual lawyer’s paradise. Where you can sue anyone for anything and feel fairly confident that a lawyer will get paid.

Call your Legislators and Congressman and tell them, we want our state and our nation back. Judicial reform on both a state and federal level is needed now.