ramblings from the noisedoctor

August 19, 2006

pot, kettle

Filed under: soapbox — noisedoctor @ 7:38 am

A federal judge (U.S. District Judge Anna Diggs Taylor in Detroit) has ruled that the NSA’s wiretapping program is warrantless and must stop immediately. But that’s not what I’m commenting on. See, if you read the full opinion, Judge Taylor states:

We must first note that the Office of the Chief Executive has itself been created, with its powers, by the Constitution. There are no hereditary Kings in America and no powers not created by the Constitution. So all ‘inherent powers’ must derive from that Constitution.

A judge in the United States of America telling the President that he may not exercise any power not explicitly stated in the Constitution? A judge that is part of the judiciary that has legislated countless “laws” into being from the bench?

You know what? The pot/kettle analogy doesn’t even go far enough in my mind. Maybe Jesus’ speck/plank analogy would be more appropriate. To me, all this legislation from the bench in the past 20 years or so has done a lot to destroy the greatness of this country and that the ripple effects from it will continue to erode it for the next 20 or more years. A judge talking about restriction of powers is just ludicrous.

In fairness, I know nothing of Judge Taylor. She may be the country’s most strict interpreter of the Constitution and may never have legislated from the bench. I hope she is. I hope there are more judges like that out there. Actually, I pray for more judges like that out there.

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