Wanderings

Bend The Law

Angry people are yelling about the California Proposition 8 outcome in our Supreme Court. The newspaper headlines even blared "Court Upholds Prop. 8"

My Foot!

What the Court did was what every court and trial should do – uphold the law as written. It is not the job of the Court or jury to decide whether a law is "fair" or "what it is that the people really want." When that starts to happen, then we really don't have any laws. All the California Supreme Court in effect said was "The voters of California, as provided in their Constitution (their law) chose by a majority to make something a law. That is their right, [more]and whether we the Court agree with the law or not, it is not our job as the Court to say how we feel about the law. Our job is to interpret the law and determine if it is in fact a valid law."

Gotta give it to the "Gay Rights" activists – they will keep the pot stirred, but their law suit was not about "equal rights", but about a law, and their wanting it to be knocked down – ie: "we don't like the way the vote went, so we want you (The Court) to declare it wrong". BTW, they did not file a suit with anything about "equal rights" in it. They wanted the will of the people overturned because they did not like the will of the majority!

When it comes to laws, we cannot make them flexible or based on "feelings" or the circumstances. If we want laws based on circumstances, then we need to put the circumstances in the law itself. Otherwise, how would the law enforcement people (Restaurant Inspectors, Beauty Shop Inspectors, Building Inspectors, etc.) know how to do their job. Would you walk on a bridge built with "circumstantial laws?". Or would you let a doctor with a C.M.D. (Circumstantial M.D.) treat you? I'm sure you would wonder what part of their training did they not get or feel like having to take? To top it off, if the law is based on feelings, then why do you get so angry when that speeder rushes by you on your neighborhood street – they don't feel like going slower, so what's your problem? Or. why have that kid who 'keyed' your car arrested – they just felt like doing it.

Prime example would be what you would tell police officers about the speed limit. Ask yourself the following questions: When should an officer enforce the speed limit and write a ticket? When someone exceeds the limit, or only when a child's life is threatened? How or when would you determine if a child's life was threatened – the driver "might not" be able to stop, or the driver is about to hit the child? Or, if the driver is endangering another person (other than themselves – let them kill themselves all they want to!). Or, if by speeding, they are creating more pollution than some law prescribes (why use that law?). Or, if the driver has had too much to drink (who decides that?) and might not be able to fully control their vehicle? You got it?

Now some of you are going to say "there he goes again, going way off the subject, trying to make a point." But think about how you think and feel about laws.

No, Really! Don't just stop here and tell me to "go take a leap…"

If you don't like the law, does that make it not exist? If you totally think the law is "wrong", does that make it null and void?

After all, this is a country of laws. Laws that "we the people" generally get to decide on, either through our elected officials, or through the ballot box. Granted, many of those we elect have their own idea of what the laws should be, but we are stuck with them because we did not stand up and elect people who basically believed as we did.

Ya wanna know how I really feel?

Write or call…but then you know that's not going to happen…