Florida Judge: Legislators can’t make laws, only judges do that.

MIAMI – Florida’s revised “stand your ground” law is unconstitutional, a Miami judge ruled Monday. Miami-Dade County Judge Milton Hirsch ruled that lawmakers overstepped their authority by revising the self-defense law, putting the burden of proof on prosecutors.

Source: Florida’s ‘stand your ground’ law unconstitutional, Miami…

According to Ballotpedia, “Hirsch, a Chicago native, worked as a CPA before receiving his J.D. degree from the Georgetown University Law Center. He currently serves as an adjunct professor at the University of Miami.”

I am speechless. How can this individual can sit on a bench and say stuff like that without fear of being tagged as a moron and removed for cause? If he cannot understand the principle of Separation of Powers, he does not need to wear the black robe.

18 Replies to “Florida Judge: Legislators can’t make laws, only judges do that.”

      1. With standard rules of English applying, when it is capitalized like it is, it is referring to a name. Thus, Bible, or more correctly, but just as proper, The Holy Bible, refers to the primary religious book of all of the Christian denominations. Unlike ‘bible’ which is just referring to a work that is, or is considered to be, the authoritative work on a subject.




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        1. Actually, “bible” originally comes from an Ancient Greek word meaning “books” or “a collection of books”. — so we still say phrases like “there are several books in the bible that are my favorites.”




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  1. Hmm. Well, then, according to this idiot Judge, every single Law that the Legislature wrote and passed is unconstitutional because no Judges were involved.
    Remove that Judge from the Bench.




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  2. Miguel, I’m not familiar with Florida statutes or the Florida Constitution, but in my home state, these local trial judges are elected, not appointed and confirmed to life tenure.

    If he’s an elected official, the governor probably has powers granted in the state constitution to take care of this problem, as well as the people having the power to petition for a recall election.

    Also, a state trial judge may not even have the authority to do what this idiot did.

    There should be Floridians more in tune with how to deal with this crap.




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  3. The judge is just setting up the verdict to be thrown out on appeal. When the defendant’s lawyer appeals on the grounds his client was entitled to the protections of the new law but was denied it by the judge.




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  4. “[lL]awmakers overstepped their authority by revising the self-defense law, putting the burden of proof on prosecutors.”

    Guilty until proven innocent, eh?




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  5. The people exercised their right of peaceable redress by demanding that innocent until proven guilty be codified into law by their elected congressmen.

    This would not have been necessary if the unelected prosecutors had not behaving as if people who’d defended themselves were guilty until proven innocent.

    How many times is it now that we’ve gotten our congress-creatures to actually do their job only to have the judicial branch indicate that we’d phrased it wrong or some other triviality so as to nullify a pinnacle of American Jurisprudence that pre-dates even Blackstone.

    Never mind that the state legislature is fully within its scope of power to create law that the employees of the state must obey. Prosecutors, no matter how much they may think they’re independent actors, are employees of the state.

    Since we’ve been down this road at least three times since Zimmermann, I expect the Florida Congress to be rather testy at Judge Hirsch for yet another attempt to subvert their legitimate authority and the expressed will of The People.




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    1. No matter the issue, this carpetbagger dimwit is attempting to subvert the will of the Assembly. Dudes who spend seven digits to get to call themselves policy makers (albeit on a state level) take a grim view of that sort of thing.
      I expect the Dem caucus to give tepid support to Judge Idiot: noisy from the ‘safe’ districts, quiet from the contested districts and not at all from contested districts that are up for election this cycle. I expect most of the GOPe caucus to get all hot and bothered as it would be an easy way to score points after this session’s fiasco in regards to gun rights.
      Of course, I’m limited by the fact that I expect politicians to behave like they enjoy their jobs and want to keep them, which is evidently not always the case.




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