Activist Judges Are Out of Control

If you want to see what the federal court system will be like if Clinton or Obama gets elected this fall, all you have to do is take a look at the California court system in all its liberal activist glory as these two recent rulings clearly show.

First, a state appeals court has issued a ruling that could bring criminal charges against 166,000 families who are homeschooling their children saying they are required to have them in public school or a state approved private school which is absolutely ridiculous. If it isn't overturned by the state supreme court this will definitely be brought to the federal courts and could have major implications on homeschoolers nationwide. How far we have fallen when the state has more say over a child's education than parents.

Hat tip: Muth's Truths

Second, in another absolutely ridiculous ruling, a judge has denied a foster teen's request for early entry to the Marines because of her anti-war views going so far as to say her reasons for denying the request was because she didn't support the war and didn't trust recruiters. Can someone please show me in the California foster system procedures where personal opinion is allowed to decide a court case? Yet that is what we get over and over from liberal judges.

Hat tip: CJ

Advice and Consent Becomes Dictate and Mandate

Harry Reid is threatening to hold the Senate in session over the Thanksgiving recess in order to prevent the President from making recess appointments of judges and other vital administration positions that are being blocked by super majority requirements which is clearly unconstitutional. The reason he is giving is because the President won't agree to several Democratic appointments.

This is wrong on so many levels. First, the Democrats do not get to make appointments. That is the role of the President. Second, the President has full constitutional authority to make recess appointments. Third, the Senate won't actually be "in session." He is going to hold the session "open" by using procedural means to hold nonvoting sessions. That means that not a single Senator will have to be present and they can all enjoy their Thanksgiving break at home. If no Senator is present, isn't that the definition of being on recess?

I hope that if Reid tries this that the President will challenge it all the way to the Supreme Court if necessary as it is a very clear violation of the intent of the President's constitution authority. Here is another tactic that I'm not exactly sure how it would work procedurally but I think there could be another tactic the Repubs in the Senate could employ. I'll check with a friend of mine who knows all the Robert's Rules stuff and correct this if I'm wrong, but I think the Repubs could either force the Dems to stay with quorum calls or risk losing a vote to approve the appointments.