From Bryan Fischer of the Idaho Values Alliance
Tomorrow, the Idaho Judicial Council will begin the process of whittling a list of 19 candidates for a soon-to-be-vacant spot on the Idaho Supreme Court down to a list of two to four names which will be sent to Gov. Otter. The governor will appoint retiring Chief Justice Gerald Schroeder’s replacement from that list.
The interview process is likely to be nothing more than a resume’ review, and we are likely to learn nothing more than the name, rank, and serial number of the candidates who want a seat on the five-member Court that issues rulings affecting the life of every Idahoan. The chance that we will learn anything substantive about the judicial philosophy of any of the candidates is remote at best.
The IVA sent a questionnaire to all 19 candidates, asking them quite simply if they agreed or disagreed with 20 specific declarations in our state constitution. None returned the questionnaire, some hiding behind judicial canons that supposedly prevent judicial candidates from filling out questionnaires.
Unfortunately for judges taking this tack, such judicial canons were ruled unconstitutional by a federal court in Wisconsin just last week.
Here are some verbatim excerpts from our state constitution, which these candidates are prepared to take a solemn and sacred oath to uphold. Ask yourself this simple question: why would a candidate for the state Supreme Court be unwilling to let the public know whether or not he agrees with these straightforward and important declarations in the supreme expression of state law?
KEY EXCERPTS FROM IDAHO’S STATE CONSTITUTION
Preamble: “We, the people of the State of Idaho, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare do establish this Constitution.”
(Note: this is hugely significant for religious liberty disputes, since the acknowledgement of God, his sovereignty, and his gift of freedom is the very first thing we encounter in our state constitution. If the founders of the state of Idaho, as their first item of business, saw fit to publicly acknowledge God, it can hardly be impermissible for state, county, city, school officials or students to do the same.)
Art. I, Sec. 1: INALIENABLE RIGHTS OF MAN. All men are by nature free and equal, and have certain inalienable rights, among which are enjoying and defending life and liberty; acquiring, possessing and protecting property; pursuing happiness and securing safety.
(Note: you will notice clear echoes of the Declaration of Independence here. Particularly important here, with regard to eminent domain disputes, is the enshrinement of private property rights.)
Art. I, Sec. 2: POLITICAL POWER INHERENT IN THE PEOPLE. All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform or abolish the same whenever they may deem it necessary .
(Clearly, Idaho’s founders intended that all political power should belong to the people, not the courts. It’s important to know if a candidate to the Supreme Court accepts this. This echoes the sentiment of the Founding Fathers of the United States, who believed that governments derive their just powers only from the consent of the governed.)
Art. I, Sec. 4: GUARANTY OF RELIGIOUS LIBERTY. The exercise and enjoyment of religious faith and worship shall forever be guaranteed . but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, or excuse acts of licentiousness . Bigamy and polygamy are forever prohibited in the state .
(Note: “Liberty of conscience” cannot be used to “excuse acts of licentiousness.” It’s important to know whether our Supreme Court justices accept this and will be bound by it in their deliberations. In terms of maintaining public morality, there may be no provision in our state constitution that is more important than this one..)
Art. I, Sec. 9: FREEDOM OF SPEECH. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty.
Art. I, Sec. 11: RIGHT TO KEEP AND BEAR ARMS. The people have the right to keep and bear arms, which right shall not be abridged; . No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony.
(Question: What is it about “No law shall impose . registration . on the ownership or possession of firearms” that lawmakers and judges not understand? If that restriction is considered too lax, the solution should be to amend the state constitution rather than ignore it.)
Art. II, Sec. 1: DEPARTMENTS OF GOVERNMENT. The powers of the government of this state are divided into three distinct departments, the legislative, executive and judicial; and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments shall exercise any powers properly belonging to either of the others, except as in this constitution expressly directed or permitted.
(Note: this clearly prohibits judges from legislating from the bench, since to do so would be to exercise powers that belong to the legislative branch, not the judicial branch. It’s vital for us to know if our next Supreme Court justice understands this and will allow this constitutional provision to guide his own deliberations.)
Art. III, Sec. 20: GAMBLING PROHIBITED. (1) Gambling is contrary to public policy and is strictly prohibited except for the following:
a. A state lottery which is authorized by the state if conducted in conformity with enabling legislation; and
b. Pari-mutuel betting if conducted in conformity with enabling legislation; and
c. Bingo and raffle games that are operated by qualified charitable organizations in the pursuit of charitable purposes if conducted in conformity with enabling legislation.
(2) No activities permitted by subsection (1) shall employ any form of casino gambling including . any electronic or electromechanical imitation of simulation of any form of casino gambling.
(Note: What this means is that virtually all the gaming machines on Indian reservations are illegal. Federal law only permits reservations to conduct gambling that is legal in a given state, and slot machines are clearly prohibited by the state constitution. The tribes try to do an end-run around this by saying their slot machines are really lottery devices, but this would do them no good without the cooperation of an activist judiciary, since only the state is constitutionally permitted to conduct a lottery. Thus the tribes are able to get away with conduct that would land ordinary citizens in jail. If you don’t believe that, try installing one of the reservation slot machines in your place of business.)
Art. III. Sec. 24: PROMOTION OF TEMPERANCE AND MORALITY. The first concern of all good government is the virtue and sobriety of the people, and the purity of the home. The legislature should further all wise and well directed efforts for the promotion of temperance and morality.
(Note: Whoa! Who knew this was in there? Do any of these candidates know this is in there, and what’s more important, will they submit themselves to this constitutional standard? When we in the pro-family movement make the “purity of the home” and the “promotion of . morality” fundamental issues in legislation, we are hardly out on some fringe somewhere but rather acting in the same spirit that animated the founders of our state.)
Art. III. Sec. 28: MARRIAGE. A marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state.
(Note: This clearly prohibits any political subdivision of the state - including cities such as Boise and state universities such as BSU and the U of I - from granting legal recognition to civil unions or domestic partnerships.)
Art. V, Sec. 6: SUPREME COURT. . The justices of the Supreme Court shall be elected by the electors of the state at large.
(Note: This is the provision that both Justice Schroeder and Justice Trout are seeking to eviscerate by retiring early for no other reason than to keep the choice of their successors out of the hands of the public. Thus two of our five Supreme Court justices have publicly confessed without shame to taking actions deliberately designed to circumvent the state constitution they took a sacred oath to uphold. If that is not the essence of judicial activism, it’s hard to imagine what would qualify.
We’ll have a report for you on the interview process conducted by the Idaho Judicial Council tomorrow.
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