USURPATION OF JUDICIAL POWER: A practice has grown among the judiciary to reserve, exclusively, to a trial judge, the power of judging the law. This is not to say that judges, per se, refuse all knowledge of the Jury’s right to judge the law. Many courts have recognized this right. However, what the judicial branch, […]
The Second Amendment clause, “The right of the people,” indicates that the framers were acknowledging a right rather than granting a right. Therefore, this right “to keep and bear arms” is an inherent and intrinsic right that predates the Constitution. A preexisting right cannot ever be malum prohibitum – wrong because legislatures, courts or political […]
Too many times I find myself in discussions with another person where we both might be on the same page, but end up comparing apples to oranges. In most cases, the difficulty with verbal intercourse is due to either a misunderstanding or unfamiliarity of certain terms. Many words have more than one meaning, especially in […]
PREFACE: A constitutional challenge is far more than just the academics and semantics of rights and wrongs. Questions such as what effect will voiding a law have upon society, the defendants and special groups must also be addressed. Additionally, politics, though not a subject for the court room is, nonetheless, a matter that cannot be […]