Friday, September 23, 2011

Why do elections matter?

Two recent Massachusetts Supreme Court Rulings should raise huge concerns about what type of government we are living under. In the first one the SJC ruled In favor of keeping the current child support guidelines in place (www.fathersandfamilies.org) even after being presented with overwhelming evidence the guidelines are unfair and unreasonable. Instead of declaring the guidelines unconstitutional, the court said individuals could appeal individual decisions regarding the law. The court chose to ignore it's responsibility to safeguard against unfair laws in favor of creating more billable hours for lawyers. For those who are not aware, the new guidelines are based on the total income of the two parents with the parents each being responsible for a percentage of the total.
As a result if both parents make roughly the same amount, then the custodial parent ends up enjoying a lifestyle that is 50% higher than the non-custodial parent. Another result is the non-custodial child support goes up if the custodial parent increases their income because the total household income is now increased. Where is the check and balance in this situation?
All of that aside, the guidelines were created by a committee of judges and representatives from several special interest groups. As a Constitutional Conservative I find that aspect of the story to be the most disturbing.
In the second decision the SJC has ruled fees for magistrate hearings for tickets are ok. (Lowell Sun)Since 2009 Massachusetts has been charging drivers $25 to contest any tickets to a magistrate. If you then appeal to a judge the fee is $50! This is outrageous especially when coupled with the 7 years of surcharges and loss of good driver credits. Apparently the fees are intended to off set the cost of the hearings? What? Isn't that the purpose of having a court system? Isn't the court system funded by our taxes? Are not the Magistrates already there? What are the extra costs? In its ruling the SJC said everyone has a right to appeal so the fees are ok. That is typical Liberalism. I have read both the Massachusetts and US Constitutions and I just cannot find any language that requires a citizen to pay a fee to get a day in court. Of course now that the fee is in place, it's sure to do what all fees do, it's going to increase over time!
If you are a voter and you think elections don't matter in this state, just look at these rulings to remind you otherwise!

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