Guest Editorial

By Russell Pearce  |  JUNE 10, 2015

Judacracy or Republic; Judicial Corruption

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russell pearceAnother attack from the all-powerful judiciary on the Constitution and state's rights in this opinion from the bench that is clearly judicial overreach and at the detriment of Arizona citizens and the Constitution. Proposition 100 was passed by a 3-1 vote at the ballot box. We have a right to decide the conditions of release of bad guys, including NO bond.

Had this been in effect a young man at the QT in Mesa would still be alive. But a Judge released a known gang member, a violent offender and an illegal alien back onto the streets all in violation of Arizona's Constitution. This ruling shows the ignorance of the Courts and their contempt for the Constitution, the people and state's rights.

Their Constitutional duty is to uphold the Constitution and law not interpret the Constitution or re-write the law. They are forbidden from exercising their "opinion" from the bench.

Under Arizona Constitution we already had 3 categories that prohibit bail contrary to their "opinion" in this matter.

Arizona cannot deny bail to certain people charged with crimes simply because they are here illegally, the U.S. Supreme Court ruled today.

Arizona Constitution Bailable offenses
Section 22.

A. All persons charged with crime shall be bailable by sufficient sureties, except for:

1. For capital offenses, sexual assault, sexual conduct with a minor under fifteen years of age or molestation of a child ... .

2. For felony offenses committed when the person charged is already admitted to bail on a separate felony charge ... .

3. For felony offenses if the person charged poses a substantial danger to any other person or the community ... .

4. (Prop 100) For serious felony offenses as prescribed by the legislature if the person charged has entered or remained in the United States illegally and if the proof is evident or the presumption great as to the present charge.

B. The purposes of bail and any conditions of release that are set by a judicial officer include:

1. Assuring the appearance of the accused.

2. Protecting against the intimidation of witnesses.

3. Protecting the safety of the victim, any other person or the community.

A culture of corruption; a series of serious overreach by the courts:

* Ninth Circuit Court orders the Governor of Arizona to violate Arizona law and State's Rights and demands Arizona to give driver licenses to illegal aliens called Dreamers.

* Gay Marriage, whether you agree or disagree on traditional marriage, it is a State's Rights issue. Yet the Ninth Circuit Court decides to strike down an Arizona Constitution protecting traditional marriage.

* Judge Anderson a Maricopa County Superior Court judge decides that the law does not matter and decides that Dreamers are eligible for in-state tuition; all in violation of state law and federal law.

* Judge Cooper who decided that the legislature could not sue the Governor for violating the Constitution on the 2/3d's requirement to raise taxes.

* Ninth Circuit Court decides Arizona cannot enforce federal law and strikes down critical parts of SB1070.

* U.S. Supreme Court decides that the Federal Government can force you to buy a specific kind of insurance or be punished (Obamacare).

* Another Ninth Circuit Court breach of trust and abuse. The majority of the justices at the U.S. Supreme Court rejected a last-minute bid ... to overturn an Unconstitutional ruling by the Ninth Circuit Court on a 2006 voter-approved measure that passed by 78 percent of Arizona voters.

* Judge Snow who "ILLEGALLY" ordered Sheriff Joe to "NOT" enforce the law under threat of contempt. All in violation of federal law, state law, ethics, morality and common sense.

They should be impeached and removed from office. It was not intended to be a life time appointment when there is mis-conduct. The Constitution and law allows them to remain in office only as long as they do so ethically and morally.

Clearly stated by Chief Justice Alito; "The Court's refusal to hear this case shows insufficient respect to the State of Arizona, its voters, and its Constitution, wrote Justice Thomas for himself and Antonin Scalia. "And it suggests to the lower courts that they have free rein to strike down state laws on the basis of dubious constitutional analysis."

The ruling was a clear pattern of the courts throwing the Constitution and State's Rights under the bus and the latest setback for the rule of law by a run-a-way Judiciary. A pattern of various federal court rulings voiding part of the more comprehensive SB 1070 that followed federal law and state's rights and supported by 73 percent of Americans.

This latest assault on Arizona's Constitution, was striking down Prop 100 of prohibiting bail to violent Criminal illegal aliens - supported by a MAJORITY of every demographic in Arizona, including 60 percent of Hispanics. Pearce argued that anyone who has crossed the border illegally by law cannot be in the country and should not be released back into the community and probably has few ties to this country, a serious flight risk. In addition these are illegal aliens charged with serious felonies.

Former Senator Russell Pearce, author of Prop. 100, SB1070, employer sanctions for hiring illegals and English as the Official Language.

Copyright 2015. A m e r i c a n P o s t - G a z e t t e. Distributed by C O M M O N S E N S E , in Arizona.