A Florida judge struck down that state’s expansion of its “Stand Your Ground” law, declaring that only judges, not legislators, can write such laws.
Under Florida’s original statute giving residents the right to use deadly force to repel an attack, in order to be immune from prosecution on the grounds of self-defense the burden of proof was on the defendant. The Florida Legislature amended the law to place the burden of proof on prosecutors, bringing it in line with common procedure.
But Hirsch ruled the Legislature does not have the authority to write laws governing courts, claiming it is “generally understood to mean that the legislature makes substantive law, but that the judiciary makes procedural law….”
“Because questions of burden of proof are procedural rather than substantive, however, I necessarily find the demised legislative changes to be unconstitutional,” Hirsch ruled.
In other words, he rejects the Constitution’s balance of powers, and has declared that judges have the power to write their own laws. Since virtually all laws also deal with legal procedure, Hirsch’s ruling means virtually all laws are unconstitutional unless written by a judge.
That means judges can invoke United Nations treaties and doctrines to supplant U.S. laws, as proposed by Supreme Court Justice Ruth Bader Ginsburg.
Florida’s Attorney General plans to appeal the bizarre ruling.