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Old 04-29-2003, 03:50 PM   #4
Timber Loftis
40th Level Warrior
 

Join Date: July 11, 2002
Location: Chicago, IL
Posts: 11,916
Umm... yeah. It's a huge issue with the ABA and judges. Yet more lessening of the judicial powers. Y'know we've flip-flopped since the days of the founding fathers.

Originally the power structure was: 1. Judiciary (at least after Marbury v. Madison, and because few statutes existed leaving the common law the main recourse), 2. the Congress, 3. the President (basic function was foreign relations).

Now, the structure is: 1. President (all agencies fall under him and apparently he does not even need congress to make war - oh, and don't forget the power of the proclamation), 2. Congress, 3. Judiciary (controls very little law now, as Congress keeps passing statutes to change the common [judge-made] law - in fact every judicial decision of prominence these days results in knee-jerk legislation).

Anyway, the sentencing rider keeps judges from going easy on criminals (such as 1st offenders). It is essentially more promulgation of mandatory minimums, which are a horrible thing in the first instance. And, it was put on a security bill which everyone would vote for no matter the riders hanging on at the end.

Oh well, such power shifts are just one more step toward the inevitable. Every modern free society has been through its period of tyranny. We are going to be there soon enough. I hope the world is ready.
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