Justice

Judge makes shocking claim as he strikes down ‘Stand Your Ground’

5

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.

  • Frank W Brown

    When are we going to start REMOVING these “activist judges” ???

  • cvs_54238

    When are we going to start DISBARRING Lawyers that do not understand the law or the constitution?

  • Robert

    I do think who ever wrote this needs an education on how Government works according to the Constitution, any court can challenge of stop any thing the Congress or the President does as long as they do it by the laws already ion place and by the Constitution, it is no different from the President being able to Veto laws passed by Congress, and the Congress rewrite a law to get around what ever the judge ruled unconstitutional or unlawful. I do believe it is called CHECKS AND BALANCES IN THE GOVERNMENT.
    HAVE A GOOD DAY

  • BonLovesFreedom

    Constitutionally speaking only Congress can make laws. Judges do not have the legal authority to make laws. Even Supreme Court judges simply interpret laws. Congress is the only body that can legally make federal laws.

  • ARJAY

    The LEGISLATURE (state and federal) MAKE the laws. The judiciary ENFORCES the laws passed by congress. The judiciary DOES NOT make laws!

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