CALiberty Constitution

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CALiberty Constitution

For development, discussion, and debate of a new California Constitution equal to the task of human liberty!


    Remove provision for State courts?

    Sean Lowrie
    Sean Lowrie
    Admin


    Posts : 11
    Join date : 2010-04-08
    Location : Dinuba, CA

    Remove provision for State courts? Empty Remove provision for State courts?

    Post  Sean Lowrie Thu Jun 24, 2010 4:08 am

    After reading some more articles, but mostly just contemplation, I’m considering removing State level judiciary powers entirely.

    I’m thinking this: Since each county shall have its own rule of law, and every crime must be physically committed in some county, and since each county is supposed to be sovereign to a very large degree, what use are State level courts? They’re not useful for appeal much, as each county already has superior courts. They’re intentionally useless for telling a county what laws are and are not proper, as I’ve already decided it is best to let juries alone judge the law as well as facts, leaving courts of appeal only the power to rejudge procedure.

    I have the feeling the only thing State level courts could do is become a vehicle for the erosion of sovereignty and division of power, much as Federal courts have done to the States these last two centuries. For this, I’m leaning towards removing them in my next revision.

    I’m prepared to entertain counterarguments, further arguments, and bizarre anecdotes that seem entirely irrelevant until the very last moment when they all come together, AHA!

    What do you think?

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