What is happening to our court system?

If I remember right from our constitution, the court system was supposed to be a separate and equal branch of our American system.  The courts were supposed to be an apolitical branch.  The executive and legislative branches were political, but the courts were designed to be the umpire.

Every umpire (referee) knows that they must call a game by the rule book.  It is also understood that during a game, there will be judgment calls based on how the umpire sees it.  Every sports fan has been on both sides of judgment calls, we hate and love them, but they are part of the game.  However, we also hate it when a judgment is obviously wrong, and the call cost us a game; ask any New Orleans Saints fan after last year’s NFC Championship game.

The U.S. Federal courts’ rule book is the constitution and prior rulings, or in some cases non-rulings. 

It seems in the last six years, at least every time there a ruling made regardless of if I am in favor of it or not, I ask who appointed the judge after making an assumption of what party did?  The unfortunate part is that I am right 90% of the time.  There something wrong about this!

This has me really questioning the future of our federal court system.  

We all knew in the past that the U.S. Court of Appeals for the Ninth Circuit (9th Circuit Court) was the most liberal court in the nation.  It had one of the highest rates of being overruled by the Supreme Court.  People would just wait for the Supreme Court to determine if they were going to rule on the judgments before taking them seriously.  Is this the proper way for people to have faith in the system?

It seems that our courts have gone straight to 90% judgment calls over following the rule book.  Using baseball, for example, the rule book gives us a definition of the strike zone.  Every umpire from little league to the MLB knows what it is.  Everybody also knows that every umpire has a unique strike zone.  As a coach and a player all you really ask that the person behind the plate is to call it consistently the same throughout the game,  Anyone who has watched baseball on TV over the last few years can see the “strike zone”  highlighted, and each major league umpire is scored on how they called the game.  After getting scored on actual balls and strikes, consistency is right up there.

Why can’t the judges be scored the same way?  Not by the American Bar Association, they have proven themselves as having an agenda.  However, by a genuinely independent panel made of from both sides and a few in the middle. 

Are the judges actually following the constitution?   This should be the first and primary question.   When they are outside the constitution is it a borderline judgment call and consistent with others they made regardless of what they are ruling on.  Or are they making up their own rules as they go to fit into a political or social belief system?

Can you imagine going to a baseball, football, or any sporting event where the referees made up their own rules as they were being played?

Sounds ridiculous, but isn’t that the same thing that is happening with our court system today?

It is important to remember that one of the most critical elements that separate the United States of America from other nations, we are a nation of laws.  If those laws change based on current political views and not a strong foundation of our constitution and precedent how are you going to have a stable society for the future?

I don’t have the complete answer here or any real solution.  However, I believe we all should be concern about this issue and be working to fix the problem now before it gets too late to!

It Is Time For A Little Common Sense

Last year was the worst year on record for school shootings 94 incidents for 2018, which resulted in 55 deaths.  This is tragic!  

For the record that all schools are defined from preschool through college.  So, when two gang bangers get in a fight after a party in the college parking lot at midnight and shoot each other, it classified as a school shooting just as the dramatic events at Parkland are.

School shootings have been called a national emergency by many and our lawmakers and trying to figure out ways to stop these shooting.   I agree that some tougher and better mental health laws would do our country wonders.   Not only with the shooting but with the mentally ill homeless population.

I don’t think there any debate on the above issue by liberal or conservatives, by the Left or the Right, by the progressives, by Republicans or Democrats, by Nancy Pelosi, Chuck Schumer or Donald Trump.  How to solve it is the issue, but the principle is not.

So, we all agree that it is a national emergency.

What if I told you that there were 1,641 homicide convictions and another 387 homicides arrest in 2018, would that be tragic and a national emergency.  Those are only the ones we know of and have evidence regarding those committed by illegal immigrants.  It is safe to conclude the number is even larger, because of the unsolved cases

That does not include DUI’s 54,630 convictions, dangerous drugs 55,109 convictions, assaults 29,987 convictions, sexual assaults 3,740 convictions.  This is only a partial list; I would recommend you read the ICE report for a complete listing.

Yet, this is not a crisis, and it is immoral to put up a barrier to stop people from coming into the USA.  Where the reasoning for this.  It is a selective vision that allows this.  I cannot prove it with the data I found, but I am willing to guess there were almost or at least the same ratio of children killed by illegal immigrates.   

It is time we are honest with ourselves and each other.

Will the barrier stop all drugs and illegal immigration?  Of course not!

Then why “Waste” the money to build one?   This is simple and straight forward.   It the same reason we lock our cars, homes and put up fences around our home and property.  It a deterrent, plain and simple.   If someone really wants to steal our car, break into our homes, they will find a way.   What we are really trying to stop the crime of convivence.  “Oh, that car open, let’s look in it to see what we can take since no one is around.”  

Doesn’t a barrier make us anti-immigrate?  Of course not.  We only want to know who is entering our country, do you want to know who entering your property?  Common sense! 

Do we believe illegal immigrates are bad people?  Again, common sense must prevail.  Having grown up in farming communities of Central California, I have known legal and illegal immigrates all my life.   Some bad, but most are good hardworking people.  Most just want to earn money to support their families.  So why not provide a vehicle that allows them to work and then leave.  I haven’t heard that discussion by anyone.

Until the United States society learn people can want the same end results but can have different ways to achieve it and not be horrible people because of it.  That only by talking and honestly working together to find the best way to get to achieve the results is the best way to advance.  It is not by pushing a pollical agenda or power position that the best results are achieved.

I have had the pleasure of meeting Jesse Jackson a few times.  Rev. Jackson and I have the same end goals to empower people, to educate people, to support the family structure regardless of color, ethnic origin or anything.  However, we do have a completely different view of how to get there. 

Does that make us wrong in goals?  No! 

Does that make my or his way the only way?  No, but I do know that by us working together that we can come up with a better way than we can individually.  

That is true with the immigration issue.  The first part is common sense, build a wall as you would around your own home while you work honestly with others that are actually trying to solve the problem and trying to serve an agenda. 

Calling a wall as immoral when you voted for it and spoke how needed it was in the past is serving an agenda.  The harsh language only hurts everyone, and no one gains in the end.  Do you realize that over 65 other countries have borders walls?  Countries such as India, Pakistan, Ukraine, China, Iran, Belize, South Africa, Spain, Russia, and Hungary.  Are all those countries immoral?

Build the wall and treat each other with respect to finding a solution.

Listening

It is a long Tuesday night!

I fell asleep before six on Monday night. Then woke up at 12 and been going ever since.  Now it 10 pm on Tuesday after a full day of work and consulting.

Now I am just sitting at a table a neighbor place writing my thoughts.   So if I ramble, I apologize.

I tried not to pay attention to the news today, because of the Syria poison attack and Mueller raid on Trump attorney.  While there is much evidence of the Syria attack, it does not make sense that they did it.  Why would they if America was pulling out.  Either Assad is the dumbest leader in history or someone is trying to make him look that way.

My gut tells me something does not smell right.

Then the Trump thing.  To be honest, I vote for him,  I could not vote for Hillary.  Not because she is a woman, I have voted and will vote for many women, it because I did not trust her.,  I have felt like the Clinton thought they were better than everyone else for a while.

This “Deep State” thing is getting very real!  Yes, Trump is an idiot, but he says things are thoughts of a lot of us.  Yes, a little crude but honest.

My question is:  Is the Justice Department and FBI looking into the Trump issues with the same energy that they did with the Clinton email issue.  It is evident that they are not to the most closed minded of people.  Which makes us all question things.

I had a great conversation with a friend of mine; he is one of the liberalists, left-leaning people I ever knew.  We both want the same outcome, but our methods are opposite of the other.  Our conversation is intelligent thought provoking an make both of us question our views.  In these conversations, we never deemed the other.

Today’s discussion was on gun control and the deep state.  It was remarkable how much we agreed.

Imagine what our country could do if we talked to each other.

It is time to open our minds to talk and listen to each other.