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There They (SCOTUS) Go Again!

Today marks another bleak day in America in terms of the decisions coming out of the Supreme Court of the United States (SCOTUS)! Now My assertion in this blog  has little to do with the out-come of the court’s completely partisan ruling, but it has more to do with the SCOTUS operating outside of the Constitutionally granted powers given to the SCOTUS. The power in question is the made up term “Judicial Review”!

I would be doing you all an injustice if were to leave the impression that I agree with the decision of SCOTUS today because I DO NOT  AGREE WITH THIS DECISION!! I assert without the slightest ambiguity that the case before the court today should not have been heard at any judicial level. The case of Burewell v. Hobby Lobby Stores, Inc. does not warrant a case in court seeing that is attempting to conflate the religious views of the David Green family with the business practices of a for-profit corporation (Hobby Lobby).

The twist of logic of this conflation will be covered in another blog later. But just to be clear, corporations are a separate and distinct legal entity from its owners and a corporation’s primary legal purpose is to separate the owners from the institution making them exempt from financial and legal liabilities. In other words a corporation can make a product that kills you and you are only allowed to get financial restitution from said corporation, but owners are free of all liabilities even if they knew it would kill you. And thus, how do you anyone justify the idea that a corporation has the religious views of the owner, but the owner does not inherit anything from the corporations? It is a one-sided highway that leads to nowhere!

I digress, back to the topic of judicial review! Judicial Review was first coined back in 1803 in the case of Marbury v. Madison. In the case of Marbury v. Madison the SCOTUS declared, for the first time in American history, that the SCOTUS has the  ability to limit Congressional power by declaring legislation unconstitutional. This is a power that is not declared by the Constitution, was never utilized until this case, and in my opinion was pulled out of the backside of the Chief Justice John Marshall court. Read more…

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Self-Defense then, Legally Sanctioned Justifiable Murder NOW!

Thank you Marc Fiore for the great satirical video; keep them coming!

After the horrendous decision of the jury in the Zimmerman case, the light has been shined on the law that allows this kind of legally sanctioned mis-interpretation of self-defense. This tainted interpretation of self-defense has allowed a jury to use their underlying predisposition of a young black youth to completely obliterate their common sense and proper legal instructions for self-defense.

In Florida, the Stand Your Ground law (SYG) has allowed for and even encouraged/protected unwarranted vigilante behavior of its citizenry. Stand Your Ground law has been effect in Florida for 5 years and since that time the rate of justifiable homicides in Florida tripled; How are you liking that Floridians? This sad state of affairs should make all law-abiding Americans take pause and realize that a reversal is in order on this approach to self-defense.

The Stand Your Ground law essentially gives every citizen the right to kill based a perceived level of threat of bodily harm or possible death regardless of how unfounded that perception is to the reality of the situation. In fact, if a person invokes the SYG law in their defense then they are actually protected against civil law suits. Can you think how America would feel if O. J. Simpson had used SYG as a defense; was found not guilty (as he did in reality); and then was protected from any civil prosecution?

Before the “Stand Your Ground (SYG)” law was implemented in Florida the provisions for and instructions to jurors on self-defense were vastly different. A typical judge in Florida would inform the jury that the following conditions had to be met in order for the defendant to qualify for self-defense in the state of Florida.

“The defendant cannot justify the use of force likely to cause death or great bodily harm unless he uses every reasonable means within his power and consistent with his own safety to avoid the danger before resorting to that force. The fact that the defendant was wrongfully attacked cannot justify his/her use of force likely to cause death or great bodily harm, if by retreating, he/she could have avoided using that force.”

This was, and should have continued to have been, the standard by which  a law-abiding citizen could invoke a self-defense plea in a civilized society. The fact that Florida has ventured so far from this commonsense approach to self-defense (which has been a part of the American judicial system for many hundreds of years) is an abomination to justice and the health of The Social Compact.

That was the provisions for self-defense in Florida and in all states in America, but in came the Koch brothers money, the American Legislative Exchange Council(ALEC), and the irresponsible Republican and Democratic legislators of Florida and now they have the “Stand Your Ground” law in Florida. This law takes an ominous and irresponsible turn on self-defense and now gives legal cover for justified offense; aka murder. It turns or gives cover for John Q. Public to go from a law-abiding citizen who calls upon police to handle a perceived criminal situation and turns them into a legalized vigilante with a license to kill with the added caveat of extra protections from civil liability’

Today, a Florida judge (as was the case in the Zimmerman trail) currently instructs jurors that the following minimalist conditions need only apply in court as a justifiable reason to take the life of another Floridian:

“If the defendant was not engaged in an unlawful activity and was attacked in any place where he/she has a right to be; the defendant has no duty to retreat and has the right to stand his/her ground and force with force including deadly force; if he/she reasonably believes that it was necessary to do so to prevent great bodily harm or death to himself or another, or to prevent the commission of a forcible felony.” Read more…

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