Subscribing to the EV Tribune as a "moderate" voter can be frustrating. How they ask people to contribute commentaries is purely a mystery because it seems that people who should know better are often published making some of the most baseless comments imaginable. Take for example today's "East Valley Voice" column by someone named Bill Sandry. Now, I'm not sure what Mr. Sandry's credentials are, but it seems to me a well-based knowledge of civics just isn't on that list. Here's why I say this.
In his op-ed piece titled "Keep judges out of the classroom," he wonders what there is in the constitution that gives judges power of the legislative branch. He says "We have constitutionally vested these responsibilities in our elected legislative body. Where does the judiciary find its constitutional mandate or authority to usurp these powers from the legislature?"
He goes on to say "How, why and under what constitutional authority does a judge find the power to establish the educational standards for graduating from high school? Who is he to determine who should be required to or exempted from passing the same tests or standards as other students?"
I find the fact that he's wondering where the power comes from as startling. Mr. Sandry doesn't consider the courts to be a check on the legislature? If the legislature simply does not do what the federal law directs, it seems to me quite reasonable that a judge would place sanctions on the legislature for not getting the job done and providing relief for those harmed by the legislature's inaction.
Mr. Sandry says "If a judge (federal in this case) is overreaching and extends his authority into powers reserved for another branch of government (the legislature), where is the check and balance in our system to make a constitutional course correction.
Ummm, the legislature can do their job properly and comply with the judge's order? Duh!
He concludes with this after admitting most of the educational funds come from the federal government (who set the rules, by the way): "Our elected officials, not a judge, should be making the societal and educational decisions concerning what should be done and how much funding is appropriate for educating students in Arizona."
I repeat --Duh!! They didn't and the judge is making sure they follow the law. God forbid the Arizona legislature follow the rules in this "nation of laws."
Where do they FIND these people!
Wednesday, December 21, 2005
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