"First they ignore you, then they ridicule you, then they fight you, then you win." -- Mahatma Gandhi

Missouri Dictatorship?

August 20th, 2007 by mopns · No Comments

Reader Jim Byrne has put together an excellent and comprehensive power point presentation on the sad state of our judicial system – particularly here in Missouri. You can download the Missouri Dictators Slideshow by clicking here. It provides the basics of our legal system that every Missourian should be aware of.

Byrne argues passionately that our judges have been become “dictators” in black robes who are not ruling according to law. You can read a little background on Mr. Byrne’s views here and here. Below are a few excerpts from his presentation:

“Missouri Circuit Court judges have assumed the power of judicial review.”

“Missouri Circuit Court Judges have declared that they have the power to render decisions that are binding upon all other courts.”

“If a Missouri Circuit Court judge has the power to invalidate a Missouri statute, this would mean that we have a dictatorship, not a democracy.”

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  • 1 Jim Byrne // Aug 20, 2007 at 6:30 pm

    I just received an email from an attorney that was wondering where to submit a case that involved a statute that a party believed to be unconstitutional.

    Answer – the circuit court. Just because you submit a case to the circuit court doesn’t mean that they have the authority to rule against the constitutionality of a statute. The circuit court rules in accordance with the law. The ability to interpret law, does not include the ability to invalidate an act of legislation. There is a reason that the Missouri Supreme Court requires a minimum of 3 judges to agree before an act of legislation can be ruled invalid.

    Let me put this into extremely simple terms.

    You have a father (the General Assembly), a mother (the Missouri Supreme Court, the babysitter (circuit court judge) and a child (litigant).

    The father sets the rules. The father and mother go out for the day and leave the child with the babysitter. The father stated that all the money the child earns must be deposited in her piggy bank, or she can’t watch television. This piggy bank only unlocks on a certain date.

    While the parents are out for the day, the lady down the street brings the child $10.00 for helping her the previous day.

    The babysitter knows the father’s rules, but the child explains to her that her fathers birthday is in two days, and she would really like to use that money to buy her father a present.

    1. Does the babysitter force the child to immediately put the money into the bank?
    2. Does the babysitter decide that the fathers rule does not apply to this case?
    3. Does the babysitter prevent the child from spending the money until the mother can make the decision?

    I know this takes logical thought, but I’m sure that most Missourians can think logically. Apparently some circuit court judges cannot think logically.

    Moral of the story – You don’t have to assume authority not granted to you, nor follow blindly, in order to adequately enforce the rules.

    Jim Byrne

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