John Morganelli Describes Judicial Neo Feudalism

John Morganelli Describes Judicial Neo Feudalism — Bob Guzzardi has received the email below  from Northampton District Attorney John Morganelli concerning what appears to be an attempt to manipulate the law to extend the term of Pennsylvania Supreme Court Chief  Justice Ron Castille and four other Pennsylvania Supreme Court Justices who will be turning 70 by invalidating the Constitutionally mandated retirement age of 70  (six of the remaining unconvicted justices will be gone in eight years under the mandatory retirment rule so there is a lot of self-interest in the mandatory retirement case as DA Morganelli points out.)

There are solid reasons to retain the mandatory retirement age, not the least of which is restraining the power of government by diluting the power of a few.

Supreme Court Justice Castille and Justice Max Baer will be seeking retention in November 2013.

Morganelli is a Democrat. He also happens to be right on this issue.

From District Attorney John Morganelli:
Pennsylvania’s Constitutional Crisis: Will Judicial Self-Interest Trump the Constitution?

Judges are sworn to uphold the Constitution and protect our constitutional form of government.  But what happens when judicial self-interest collides with the Constitution? Pennsylvania may be  on the precipice of a constitutional crisis.

In 1989 the Pennsylvania Supreme Court upheld Pennsylvania’s Constitution which prohibits a judge to remain in office after the age of 70. Since then,  numerous judges have  retired at 70. But recently, a number of jurists  filed lawsuits challenging the restriction.  Then, the Chief Justice, who coincidentally  turns 70 next year, announced that he would seek retention for another 10 year term on the high court even  though next year would be his last if the age restriction remains in place. Next, the eyebrows of many attorneys were raised when the Supreme Court  reached down, bypassing the lower court, and agreed to hear and expedite one of those cases. Is there  anyone who actually believes that despite the clear precedent, all these judges  suddenly woke up one morning and, independently of each other,  decided to sue?

When these actions were filed,  many lawyers questioned  “why” when similar challenges had always failed. A previous panel of the Supreme Court upheld the age restriction in the  Constitution which was approved by the people at the ballot box. In 1991, the US Supreme Court upheld a similar restriction in Missouri’s state constitution. The question is: What has changed? And, what is the rush ? Judges have been retiring for decades at 70.  Pennsylvania judges campaigned knowing their terms were limited by mandatory retirement. Most of them would not have had an opportunity to be a judge but for the age restriction which forced judges to retire and created vacancies.  Now, some want to change the rules and strike down the Constitution on the way.

Many believe that the high court wants a speedy decision  so that a potential ruling can benefit the Chief Justice and the  other 4 Justices who are turning 70 in the next few years.  All of this has fueled speculation by the legal community that the litigation may have been encouraged by a member of the Supreme  Court  itself.  Will any of the Justices recuse themselves? Or, will  the court  assert that the “Rule of Necessity” permits them to hear this case even though all of the Justices have a personal and financial interest in setting aside the prohibition? The “rule of necessity”  is  an exception to the disqualification of a judge who has  a conflict of interest. But it only applies when no other tribunal is available to hear the dispute. Here, there exists a companion  federal action which has now been stayed to allow the Supreme Court to act first and make moot the federal case.

Interestingly, the Supreme Court has ordered  the lawyers to specifically  address Article I of the Pennsylvania Constitution, Declaration of Rights  which provides in Section 26  that neither the Commonwealth nor any political subdivision may discriminate against any person in the exercise of any “civil right.” However, the Supreme Court previously  held that the age restriction   did not violate the Declaration of Rights Discrimination provision. It recognized that that provision was intended to restrain “government”, and that the rights enumerated in the Declaration of Rights do not restrain the power of the people themselves as expressed in the Constitution. Gondelman v. Commonwealth 554 A2d 896 (1989). This provision was intended to prevent “government” from transgressing individuals’ basic “civil rights”. The US Supreme Court in 1991 settled the question that being a judge is not a fundamental right. Gregory v. Ashcroft  501 US 454. Nevertheless,  the Supreme Court now may be  poised to overrule years of precedent by proclaiming that the age restriction is inconsistent with the discrimination clause thus allowing them to get what they want, trample on the Constitution,  and  at the same time maintain that they are actually upholding the constitution.

It appears imprudent  for the Supreme Court to hear this case. This court has been tarnished by the recent conviction of one of the Justices. The Pennsylvania  judiciary in general has been harmed by the  “Kids for Cash” scandal, the Philadelphia Traffic Court report as well as other matters.  The integrity of our courts and of the  judges who sit on them is fundamental to our  system. Taking this case and setting aside the Constitution will be harmful. The  Justices sit at the pinnacle of power, and it is understandable how some may not want to relinquish it.  Like it or not, our Constitution, passed  by the people sets age limits on the ability to exercise that power.  For those who believe that the age restriction is subject to fair debate, the proper method is to amend Pennsylvania’ s Constitution through  the process established: approval by two consecutive  sessions of the legislature, and approval of the people at the ballot box. Setting aside Pennsylvania’s Constitution via judicial fiat by Justices with a personal and financial interest in the outcome is dangerous and wrong.  Only time will tell whether self-interest trumps the Constitution.

John M. Morganelli is the District Attorney of Northampton County and Past President of the Pennsylvania District Attorneys Association. He was the  Democratic candidate for Pennsylvania Attorney General in 2008.

 

John Morganelli Describes Judicial Neo Feudalism

John Morganelli Describes Judicial Neo Feudalism

 

Jeremy Irons Gay Marriage Open Debate

Jeremy Irons Gay Marriage Open Debate — Actor Jeremy Irons mused some concerns about gay marriage that actually got to the heart of the issue, namely money.

I mean tax-wise it’s an interesting one, because you see, could a father not marry his son?” Irons said.

Steve Colbert, who is a major source of news for Democrats and low-information types  immediately missed the point and began merciless mocking.

So, if gay marriage is legalized in England, Jeremy Irons’ son Max, get ready to make your father the happiest man alive!” he said.

Mocking is about the only response supporters of gay marriage have. That and twisting the motivations of opponents.

Few, and nobody serious, wants to prohibit ceremonies. They are private. matters of speech and protected by the First Amendment.

The issue is the money part. For instance, if a father marries his son, as Irons noted, the son escapes paying inheritance taxes. He might even be eligible for other tax breaks, health coverage and certain survivor benefits not originally expected to go to adult children.

Now, some may — like Colbert —  say that a father marrying his son is  silly and  unfair and violates the spirit of this compassionate policy. So explain the rational as to why two unrelated men should be allowed these breaks?

With a widow whose work consisted of bearing and raising children rather than pulling in an income it should be obvious as to why she should get them but clueless and callous one-percenters — like Colbert — have the ability to insulate themselves, at least for the short term, from the consequences of the policies they push. They fail to comprehend the very good reasons why social norms and traditions developed. And except for sneers and mocking, they will be unable to provide a good answer as to why two gay men should be allowed the civil benefits bestowed upon a man and woman who have joined together for the serious and difficult job of creating the future.

Jeremy Irons Gay Marriage Open Debate

Jeremy Irons Gay Marriage Open Debate

Obama And The 1 Percent Life

Obama And The 1 Percent Life — Joseph Curl of The Washington Times has written an article about the lifestyle of the rich and Obamas and compared it to former President Bush.

It’s interesting and enlightening and can be read here.

Comcast Bans Gun Advertisements

Philadlephia-based, Obama-supporting Comcast has banned advertising by gun and ammunition sellers.

In a totally unrelated issue, the cable giant will be airing Scarface with Al Pacino at 11 this morning, March 23. Remember Tony Montana can have a grenade launcher. He’s a criminal.

Free plug of the day, check out Bob’s Little Sports Shop in Glassboro, N.J.. The man’s a poet unlike the gangster lovers at Comcast.

Comcast Building Lobby Comcast Bans Gun Advertisements

Comcast Bans Gun Advertisements

Road From Serfdom Must Be Taken

Road From Serfdom — Feudal serfs gave the fruits of their labor and all of their freedom to a small group who lived very well.

Some want 21st Century America to be like that.

Tax money is providing public employees, such as these in Connecticut as noted in this link from PJMedia.Com, with  $5 million tax-funded salaries.  Pennsylvania might be better with its $300,000 top salaries, as per this 2009 article, but only in the sense that one would prefer to have one’s tires stolen rather than the entire car.

In feudalism, the serfs were told they got protection for their contributions to the lifestyles of the then rich and famous. Similar promises are  being made today.

Give up your guns and we will keep you safe, the new feudalists claim. Sure, as  in Mexico where a gun battle on Sunday in Reynosa just across the border from McAllen, Texas reportedly left dozens of gangsters dead. Mexico has very strict gun control, of course.

Give up your doctor and we will keep you healthy, they claim. Just as in Great Britain where it has been revealed that its National Health Service is responsible for 40,000 preventable deaths over the last few years.

Expect to be soon told that you can trust the doctor that you are assigned because there is no such thing as a bad doctor. It’s what they’ve been telling us about teachers after all to keep us from worrying our little heads about crazy ideas like school choice and cyber-charter schools.

We have to stop listening to these people.

We don’t need those who travel in luxury SUVs, and chartered jets and live in 20-room mansions with $30,000 utility bills  to “protect” us from global warming.

We don’t need defenders of quotas and affirmative action to defend us from racism. Government is the cause of racism. It’s a way of dividing and conquering. Rosa Parks was not protesting the policy of a private bus company but a city law.  Out of one side of its mouth, government tells some they need them to give them things to rectify “injustice” while out of the other it tells some they need it to build more prisons and put more people in them so they can keep their streets safe.

They want those who would otherwise be united against them at each others’ throats.

So what is the road away from serfdom?

— Start with demanding massive cuts in legislative salaries. Why should the chairman of Pennsylvania’s House Appropriations Committee make $90,000 not including benefits? In fact, let’s max all governmental compensation packages — including those at state universities — to $99,000. Yes, that would include benefits.

Replace most pensions with 401K type plans and for those where pensions make sense such as police limit them to the starting salary of the job description. Why should the taxpayer be on the hook for a pension that is two or three times that of Social Security? It should be noted that the starting salary of just about all job descriptions is significantly higher than what those on Social Security get, and it is kind of nice to able to retire at 45.

If an institution wants to pay its people more than $99,000 — that’s you Penn State — don’t give them any tax subsidy.

— Fight all gun control aimed at sane people who are not actively under a criminal sentence.

— Recognize that the power to choose (and fire) one’s health care provider is paramount in health care and fight to end Obamacare.

—  Recognize that the power to choose (and fire) one’s child’s teacher is paramount in education. Demand that the money that now goes to public schools be given directly to parents in the form of vouchers.

— End  automatic payroll deductions for union dues for all workers, government and private. Give the power of the purse to the union rank and file over the lifestyles of labor leaders.

— Let employers hire who they want to hire. So what if some are sexist/racist/homophobic. Most aren’t. It will soon be  be evident to those now unaware that it is bad business to reject people for stupid, arbitrary reasons. It will also become evident that being a “protected category” was not beneficial for getting a job or being promoted as those now “protected” start finding themselves with better prospects. Ask this: why would anybody want to hire someone who they have to jump through hoops to get rid of?

And remember these are just starting points.

 

Road From Serfdom

 

Road From Serfdom Must Be Taken

Tidbit Of The Day

Together, Masaakai Shirakawa  of the Bank of Japan, Mario Draghi of the European Central Bank, Mervyn King of the Bank of England, and Benjamin Shalom Bernanke of US Federal Reserve  control  $8.85 trillion.

And they are printing even more.

Hat tip ZeroHedge.com

White House Chief Calligrapher Paid $96,725

The White House Chief Calligrapher is paid $96,725 per year. Her two deputies get $94,372 and $85,953.

Sequestration has not cause them to lose their jobs.

Hat tip Weekly Standard.

White House Chief Calligrapher Paid $96,725

 

White House Chief Calligrapher Paid $96,725

Catholic Church And Hugo Chavez

Catholic Church And Hugo Chavez — Hugo Chavez, the Venezuelan strongman who died yesterday after turning his oil-filled nation into a crime-ridden economic basket case, hated the Catholic Church in the same way Hollywood does.

Here’s an article by Bridget Johnson describing the relationship.

Speaking truth to power is never easy.

Catholic Church And Hugo Chavez

Catholic Church And Hugo Chavez

Referral Fees Supreme Court Corruption

Referral Fees Supreme Court Corruption — Activist Bob Guzzardi notes that the $821,000 referral fee paid to lawyer Lise Rapaport which stemmed from a multimillion-dollar medical malpractice settlement is more money than 99.99 percent of the people in Pennsylvania earn in a year.

Ms. Rapaport has received 17 other such fees for connecting law firms with clients.

Golly, what could make her so valuable?

That she is the wife and personal assistant to state Supreme Court Justice Seamus P. McCaffery is just a coincidence one is sure.

McCaffery is a Democrat, btw, just looking out for the little guy as usual.

 

Referral Fees Supreme Court Corruption

Referral Fees Supreme Court Corruption

 

al Qaeda Says Yes We Can

al Qaeda Says Yes We Can — The latest edition of Inspire, al Qaeda’s English langauge magazine, features a graphic of a pistol aimed at the head of Pastor Terry Jones above President Obama’s motto “Yes We Can” with the subtitle “A Bullet A Day Keeps the Infidel Away, Defend Prophet Muhammad peace be upon him”

Jones is the Florida pastor who burned a copy of the Koran a while back.

Next to the image of Jones is an Old West style “wanted poster” with a list of photos and/or names of those being sought “dead or alive for crimes against Islam”. Those listed include author Salman Rushdie, politicians Geert Wilders (whose name they misspelled) and Ayaan Hirsi Ali, and artists Lars Vilks and Molly Norris, the latter whom is an American who has changed her name and been in hiding since 2010 upon advice of the FBI.

And the Democrats want to ban guns for those who want to be left alone.

al Qaeda Says Yes We Can

al Qaeda Says Yes We Can