Friday, 23 December 2005
Kentucky Supreme Court Rules in 37th Senate Seat Case
« Kentucky Wins Bid To Host World Equestrian Games | Main | MSM Propoganda Machine »The Kentucky Supreme Court ruled 5-2 today that Republican Dana Seum Stephenson was not qualified to hold the state senate seat she won electorally over a year ago. But, the court refused to seat Democrat Virginia Woodward claiming the election was invalid.
This is an absolutely horrendous ruling by the Kentucky Supreme Court. In an act of super-constitutional power, five judges overturned the rights of the state Senate set forth clearly in the state's constitution.
Let's take a look at the two sections that are applicable to this case. First the division of powers between the legislative, executive, and judicial are described in Section 28.No person or collection of persons, being of one of those departments(branches), shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.
Now let's look at the rights of the General Assembly as prescribed in section 38 of the constitution.
Each House of the General Assembly shall judge of the qualifications, elections and returns of its members
The constitution appears quite clear about which branch of the government determines the results of an election. No where does it say that the Judiciary can override the will of the General Assembly. This obvious conclusion was clearly stated in the minorities opinion.
Roach said the election controversy didn't belong in the courts because the "Kentucky Constitution grants to the Senate the exclusive power to judge the elections, returns and qualifications of its own members."
And Scott accused the Supreme Court of invading the constitutional power of the legislature, calling the majority opinion "unconstitutional."
Heck, even those in the majority all but admitted that this was a political hack job.
"Responsible officials will reject any notion of defiance or retaliation against the judiciary, for such action would be an attack upon the constitution itself," Chief Justice Lambert wrote.
Why else would you worry about retaliation unless you knew you overstepped your bounds? Of course, we are treated to the typical hypocritical response from the Democrats.
"If the governor does not call a special election, he has to take full responsibility for the people of Jefferson County not having a voice in government," state Democratic Party Chairman Jerry Lundergan said in a statement.
Talking about the height of hypocrisy!!! It was the Democrats who "challenged" this election in the first place. They were to ones who kept the seat from being filled for over a year! What a pathetic joke. Of course Woodward's response might have been worse.
Woodward said she was "elated" by the ruling, adding, "It's a huge win for the people of the 37th District."
How is this a win for the people who elected Seum in the first place? An election that was accepted by our duly elected representatives? How is it a victory for the people when the will of the people is thwarted by 5 guys in robes who overstepped their constitutional bounds? Please explain that one to me.
