Judicial tyranny

There's a larger principle at stake in the current presidential
election debacle than whether George W. Bush or Al Gore is designated
the winner.

More important than who wins is how the winner is chosen.

The 4-3 decision by the Florida Supreme Court Friday is a classic
example of a phenomenon that has plagued the United States for far too
long -- judicial activism.

The courts serve one purpose under the U.S. Constitution --
interpreting the law.

Neither of the two momentous decisions this court has made in recent
weeks had anything to do with the law. Even the U.S. Supreme Court,
hardly an example of judicial restraint and strict constitutional
thought, was shocked in its review of the first recount decision by the
Florida court because it was not based on the law. In a unanimous
decision, the U.S. court noted that it could not find the principles of
state or U.S. law under which the ruling was made. Friday's split
decision was an even bigger joke -- and we saw the way the U.S. Supreme
Court handled that one.

Six of the seven Florida Supreme Court justices are Democrats, while
one is an independent. The two decisions it rendered calling for more
recounts of Florida votes were blatantly political decisions.

Sadly, political rulings by courts have become all too common in
recent American history. Judges and justices at both the state and
federal level have convinced themselves that they know what's best for
the unwashed masses. They have set themselves up as a royal class of
elitists -- something that the founders feared, but never intended for
the American judiciary.

Even Florida Chief Justice Charles Wells, guilty himself of one bad
decision, noted the impropriety of the second ruling Friday saying that
it would trigger "an unprecedented and unnecessary constitutional
crisis."

"I have to conclude that there is a real and present likelihood that
this constitutional crisis will do substantial damage to our country,
our state and to this court as an institution," he wrote.

He's so right. And the reason for the constitutional crisis is that
the court is exceeding its authority.

The American system of government is based on checks and balances.
The legislative bodies, those that, in theory, most represent the will
of the people and which are most accountable to them, make the laws. The
executive is charged with enforcing the laws. The judiciary is charged
with interpreting the laws when disputes arise. In this case, the
judiciary is subverting not only the will and role of the legislature,
it is actively taking on the responsibility of the executive branch.

It's easy to create a constitutional crisis when so few in and out of government
seem to understand the Constitution, respect it, honor it and obey it.

Maybe what's happening in the United States today is for the best. If
it serves as a wakeup call to the American people that they are losing
their power to elitists in robes, it will be a good thing. Will they
rise up and say, "No more"? If they do, this moment in U.S. history
could prove to be a turning point -- one that spells the beginning of
the end to judicial tyranny in America.

If not, then this decision will simply represent one more slide down
the slippery slope of tyranny.

Never before in American history has there been such an effort by an
outgoing administration to hold on to power. This country is renowned
throughout the world for smooth transitions of power -- even in the face
of bitterly contested elections. This is a particularly ugly chapter in
the country's history. And the attempted intercession by the Florida
court on behalf of the current Democratic administration is even more
repulsive than Al Gore's win-at-all-costs post-election strategy.

The election stalemate has provided a dramatic illustration of why
the courts must strictly mind the business of the courts and not become
entangled in legislative and executive business. Maybe Americans need to
see it. Maybe we have become just too willing to allow others to govern
us. Maybe we have become too complacent, slothful, sheep-like and
willing servants of government rather than self-governing and
responsible citizens. Maybe we are getting just the kind of government
we deserve.