I am not addressing the ongoing idiocy of the Illinois legislature. No deep thinking or soul-searching is required to see that they are all voting against the wishes of their constituency.
A Judge (note the title) in South Florida (note the place) ruled that the legislature's revision to the "Stand your ground" law was not constitutional, because the legislature doesn't have the authority to make and alter laws.
The story being referenced is here:
(http://www.nbcnews.com/news/us-news/miami-judge-new-stand-your-ground-law-unconstitutional-n779436)
First some detail.
1. The revised law stated that prosecutors must provide clear and compelling evidence that someone was not defending themselves, before they could bring charges against them. That is, it clarified that the burden of proof is on the state. You know, the same legal principle that applies to all criminal charges.
2. We have judges who make decisions about constitutionality. They are called "Justices".
3. Despite certain media outlet claims, Zimmerman's attorneys did not use the "Stand your ground" law in his defense. They didn't need to.
4.The constitution of the state of Florida, like all states, follows the federal version fairly closely. Specifically that the different branches of government have separated powers. In short, the executive can veto, the legislative passes laws, and the judiciary enforces and interprets those laws.
4a. Judges enforce. Justices interpret and rule on constitutionality.
5. The judge ruled that the Florida Supreme court should have adjusted the law, not the legislature.
5a. That is not in their authority.
So in this case: an unqualified judge (not a justice, who by the way, rule as a team) gave a ruling he has no legal authority to, was one hundred percent wrong in the decision, (the legislature makes laws, all the supreme court can do as approve, reject, and interpret) and was trying to "legislate from the bench".
This is literally the reason we have a separation of powers.
Happy Independence Day.
