Sunday, December 17, 2006

Reserve of Judicial Credibility Must Be Adequate

The State Supreme Court has REALLY got in the Ledge's puddin with this one. They ruled last week that Sen. Johnson's 400K appropriation bill to repave the streets in his home of Bigelow was unconstitutional. They said state money is supposed to be appropriated for the state as a whole, and not local projects.

That would mean that most General Improvment Fund money was spent in error. That would mean no pork fund for legislators to buy votes in their district with.

Now I do seem to remember something in the state constitution that would lead me to believe that the judges have a point. I am all for judges knocking down unconstitutional laws, and telling the ledge "you can't do X" is different from saying "this is the amount of money you must spend on X". One limits government for the benefit of the people, the other expands it at judicial whim.

I guess I am saying that the judges may well be right this time! My worry is that they have pushed the ledge too far with tyrannical rulings like Lakeview. Eack time they overstep their rightful bounds they erode their own credibility. They may not have a reserve of credibility left when they need it to sustain a challenge to their legitimate authority. We may need them someday to preserve our civil rights against encroachment.

The ledge would be wrong to make this the issue they crack down on the judges over, but the fact that there are other things out there where they NEED reigning in may give them all the excuse they need. And that would be a pity. A pity the courts are bringing on themselves.

1 Comments:

Anonymous Roland said...

"... We may need them someday to preserve our civil rights against encroachment...."

They aren't going to trump the federal government and the tyranny of the majority. If 51% of the people vote for a party bent on eavesdropping on our phone calls and emails, then the 49% who stupidly believed in freedom from unreasonable searches aren't going to be saved by the Arkansas Supreme Court. Likely enough, it will be right there with the Feds.

9:21 AM, December 19, 2006  

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