Posts Tagged ‘jurisprudence’

Cowards of the Court: Mysandry and the Constitution

February 28, 2009

The Supreme Court did in fact fail to address the actual issue this past week regarding the Lautenberg Domestic Violence Law. They approved ex post facto law, and, the taking of rights based upon less than felony behaviors.

Anyone that has the temerity to think that the current make up of the Supreme Court will, in practice and fact defend the Constitution and it’s base principles is quite simply delusional. They are a bunch of politically correct kiss asses.

Since I am more than aware some will view this as a rant against women I need to state unequivocally that I believe that Domestic violence is a very real problem. My problem is with how it is addressed, and dealt with. Men are overwhelmingly brought up on charges of domestic violence more often as compared to women. Further, that when women are charged, the implication in nearly all cases is changed and they are ordered into “parenting classes” or some other such nonsense. Thereby allowing them to continue to be full citizens, as opposed to men convicted for the same crimes. Note please, that I am throughout this op/ed  addressing non-felony domestic violence convictions. When women are in fact charged in the very same situations that men are, probation, and restoration of rights is common. When it is a man? Probation is de facto only an available alternative if the man is a celebrity, or related to powerful individuals. That is called sexism for those that are incapable of rational thought.

The issue of ex post facto law strikes at the very basis of Anglo American jurisprudence. Changing the rules after the game has already been played is immoral. Approving such a thing is also immoral, and that is precisely what our Supreme Court did. Utilitarianism has no place in a republic where people are protected from the tyranny of the majority. At least in theory that is the presumption.

I have no faith whatsoever in the Supreme Court when it comes to protecting the people of our nation. Our alternative then appears to be seeking redress through our locally elected representatives at the state level, and or through the affirmative action by state Governors, as in commuting sentences or the more difficult pardon process.

What then is needed to rectify the situation? Stay tuned folks, because this is getting too long winded as is.