The Baby & The Bathwater

A few days ago, I wrote about not just our criminal justice system, but our entire country having lost its moorings to our Constitution. I talked about an “instrumentalist” view of the Law, which has transformed our system from one which protected our freedom and our rights into one which exists largely to control (primarily) the (poor) population.

Recently, Jeff Gamso of Gamso – For the Defense, wrote about a prosecutor who exemplifies all that is wrong with the attitude of those whose job it is to “do justice.” By his own admission, the prosecutor abhors justice and works to undermine the United States Constitution.

And he thinks that’s what Public Defenders should do, too.

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Lost Moorings: The Great Experiment Fails

Some readers of this blog may have noticed a recent tendency to talk about “instrumentalist” approaches to the law.  My offline focus lately has been on the methods and principles that lie behind the judiciary’s apparent turn against…well, against any sensible approach to deciding cases moored to a historical understanding of law and the Constitution.

In trying to understand what has happened, I recognized a pattern. Protestations regarding “original intent” amongst their leaders notwithstanding, judges have turned away from the conception and concepts of Law upon which this country was founded and built.  They — and we — have longed for simpler times.

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A Tale of Two Systems

Since going to law school, I’ve been told more times than I can count that I’m “too idealistic.”  My belief in “what the law should be” is considered by many to be unrealistic, primarily because I believe the law should be what it says it is.

Well that and, unlike Justices Scalia or Thomas, I’m actually an Originalist.

At times, this has lead me to disparage; at other times, to despair.

The fact is that there is a duality to the law that not enough, if any, ever see, let alone experience.

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Stems or Bud? Proposition 19 AGAIN

I’m told by my friends who actually smoke the stuff that there’s little utility to smoking marijuana stems.  When you’re looking to buy, you’re looking for a baggie that’s heavy on bud.  (Yeah, I said it.  You’re not looking for Bud Light.)

On the other hand, I’m told by numerous people who stop by my blog to comment on the other articles I’ve written lately about Proposition 19 that, when it comes to legislation, they’re just fine smoking stems.

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