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Guest Post: New Idaho Supreme Court Justice – Inclined to Circumvent the Constitution?

June 27th, 2007 by Halli

From Bryan Fischer of the Idaho Values Alliance

Warren Jones is the newly appointed Idaho Supreme Court justice, obtaining his position through an appointment process instead of through the direct election process spelled out by our state constitution.

Based on his interview with the Idaho Judicial Council, Jones seems inclined to repeat the pattern established by Justice Schroeder and Justice Trout, of circumventing the constitution by retiring early so that the choice of his successor is placed in the hands of an unelected committee rather than being in the hands of voters, where it belongs.

Jones was asked in his interview whether he preferred the appointment method or the direct election method of selecting judges. Jones said that the “best process is the appointment process,” because a direct election “opens up the process too much” to political dynamics. He said nothing about the constitutional directive that, politics or not, the selection of justices should be in the hands of the electorate.

This naturally raises questions about how strictly he will interpret the constitution. If he is able to cavalierly set aside the constitution when it comes to the election of judges, why would he not do the same with some other part of the constitution he happens to dislike?

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Posted in Uncategorized | 2 Comments »

2 Responses

  1. D. McClellan Says:

    Of course, appointing judges is a great way to change the Constitution without letting the people have a say in what changes are made. This is why it is such a big deal in Washington. By choosing judges that see the Constitution as a “fluid” document that needs reinterpreting as society changes you can completely bypass the ammendment process and rob people of any rights or freedoms granted in the Constitution and even turn the United States over to the control of the United Nations. That way, the citizens of the U.S. will be put under the control and authority of a government that they did not knowingly elect and that can dictate what rights the people will be allowed or not allowed. Requiring people to have health insurance is the same kind of trap. Insurance companies, owned and controlled by some of the same people that control the government, will dictate to you a great many things that you did not anticipate. For example, if you own a gun they can make your premiums excessively high. They can make it impossible to own a gun because you can be severly penalized if you don’t have the insurance or fail to make the premiums.

  2. D. McClellan Says:

    To make sure the point in the last comment is made clear, there would be no need to overturn or ammend any ammendments to the Constitution. “Just,” to put it in their words, “do an end run around it.” Make it impossible for anyone to own a gun by some indirect method such as required health insurance. Hillary Clinton is certainly an anti-gun proponent and has been working hard to take that right away from the people. She, and others, seem to have found the trick that will do it.

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