If the State Attorney General for New Jersey isn't in court(s) today to file a complaint against the NJ Supremes, he's missing a bet. He's also failed the citizens who elected him.
These NJ Supremes evidently don't take their Separation of Powers very seriously. There may even be a Federal civil rights violation here that could lead to the impeachment of the justices on that bench, for violating their Oaths of Office if nothing else.
It's not important WHAT the justices ruled, but it's VERY important that they ORDERED THE NJ LEGISLATURE TO PASS LEGISLATION WITHIN 180 DAYS.
In our system of government, that is impossible, or is supposed to be impossible. The Founders set up three branches of Government, and carefully delineated their powers so that one branch could not become pre-eminent or omni-potent. This action of the NJ Supreme Court fails that principle, and we're not talking some fine legal nuance here, they just cut the heart out of Separation of Powers, the most important legal concept in our Constitution.
A court may void laws that a Legislature writes. That happens all the time and is one of the chief duties of a court. The court may even SUGGEST to a Legislature that a topic is ripe for legislative consideration. A court may even make orders that have the effect of legislation, in the absence of it, but a court may never order a Legislature to pass legislation.
Also implicit in this ruling is a veiled threat to the Governor. His Attorney General will undoubtedly tell him that he shouldn't veto any legislation that comes out of this ruling, since it is clear that the Justices meant for it to be passed.
So, in one ruling, the NJ Supremes illegally usurp the function of the NJ Legislature, and improperly intimidate the Governor.
If there's a NJ State version of Treason (there is in Oregon), there is Probable Cause to believe that these Justices have committed that felony.
It matters not if the subject of this illegal ruling was Gay Marriage or Selling Moldy Bread, the US and New Jersey Constitutions have just been badly abrogated, and someone needs to answer for that.
The MSM, of course, have totally missed the point, jumping into this issue as if it was a collegiate debate, and totally ignoring the broken Constitutions. They are a perfect example of our broken educational system, and that's yet another tragedy.
Yeah, Rivrdog,
Yours is the first posting I've read about this.
Due to the absence of any MSM comment on this point, I was beginning to think I had it wrong.
Okay, now there are two of us that recognize the import of this abomination.
Posted by: Flintlock Tom | October 30, 2006 at 11:06