Thursday, December 12, 2019

"...corruption and lost faith in our system of justice"

In the American Spectator, Dov Fischer begins a two-part series on our judicial system and how it was supposed to work before it was corrupted and perverted.
...In recent decades, our system has been brutally corrupted, in that the legislatures have abandoned their jobs. They fear voting for laws that might be what our society desperately needs but that might lose them votes. Dentists save our teeth when they drill cavities, but they do not make most of their friends that way. Teachers develop our minds when they assign us homework, but we do not appreciate them for it at the time. Similarly, legislators are so desperate not to alienate voters that they have abandoned their primary constitutional purpose: to make laws. Instead, like kids at recess, they play around, do whatever they feel like, and even get “timeouts” to cool off. With no foreman to check their hours or evaluate their work, they get junket trips abroad at taxpayer expense for fact-finding, conduct investigations of people they don’t like, appear on TV talk shows, and spend all day on Twitter tweeting their disapproval of President Trump’s use of social media. Compounding the corruption, it is impossible to pass laws with a 60-vote supermajority when one of the two parties declares “the Resistance,” blocking everything. So nothing can get passed except for naming post offices.

Laws need to be made sometimes. Someone has to make them, but Congress has abandoned its primary constitutional duty — to legislate. In corrupting and perverting the system, by playing “the Resistance” and choosing to investigate instead of legislate, House members have punted lawmaking (i) to the courts even though judges are flat-out not authorized to make laws, and (ii) to the executive-branch administrative agencies of federal and state government. This especially corrupts the entire American constitutional system because, unlike what transpired in medieval and King George’s England, from which we broke away, our laws are supposed to be crafted by people whom we elect and who therefore are answerable to us. Instead, the laws now are made by unelected judges and unelected agency bureaucrats. All while the House spends the day playing “Clue.” (Psst, Schiff: It was Col. Mustard with the candlestick in the Conservatory.)

To review: The legislature (e.g., the House and Senate) exists to make laws. The executive (e.g., president or governors) exists to carry out the laws enacted by the legislature. The administrative agencies exist to help the executive carry out and administer the laws that he promised the people who elected him. The courts exist to help settle disagreements over how a law is to be interpreted or applied, and to help determine actual facts when litigants are unable to agree on exactly what happened in their dispute.

As soon as people begin to perceive that judges are not following pre-established and properly enacted rules of the game but instead simply are “making up rules they personally prefer,” the entire system of justice collapses amid a general sense that the system is rigged and unfair. That is how the Soviet Union operated. It’s how China and Iran operate. It’s how most of communism and the Muslim Arab countries operate. Unfortunately, we now live in a time when our fair system of law and rules never has been more in peril. For example, we saw that Hillary Clinton, who absolutely should be in prison, never even was prosecuted. At least O. J. was tried and acquitted by a jury. Hillary spoliated evidence discoverable in a legal investigation. She disclosed and mismanaged secret and confidential federal government records in the identical way that repeatedly has landed others into prison, even though they disclosed far less and manifested far more noble character. Indeed, the entire investigation of her crimes was conducted in a crooked manner. Critical witnesses were accorded immunity from prosecution up front, so they had no motivations to cut deals and disclose truths to save their skins. Others were allowed into a room together to hear questions being asked of each other, thus educating liars not to contradict others’ answers. Her questioning was not conducted under oath, so her lies could not be prosecuted as perjurious. It was rigged and unfair.

Even as we’ve awaited the results of the investigations conducted by Inspector General Michael Horowitz and United States Attorney John Durham, so very many of us have become so disgusted and disillusioned with the bottom-feeders in the D.C. Swamp that we hold little hope or expectation that those investigations will result in much.

Against this entire backdrop of corruption and lost faith in our system of justice, we next will address perhaps the single most toxic aspect of the past three years: the abuse and corruption of American law through the widespread nonstop three-year manipulation and leveraging of the Obama Judges. Stay tuned for Part Two.
Read more here.

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