Role of the Court
The Judicial branch is only authorized to give opinions on the application of the law to the circumstances before it. It has no constitutional authority to write, make, or create law as it has recently been doing. Rick, as a former legislator, greatly respects the separation of powers and the role of the elected legislative representatives of the people to make policy and write law. We need a Constitutional Watchdog on the court that is dedicated to restoring our separation of powers and the proper jurisdiction of the judiciary.
Rick agrees with Elbridge Gerry, Signer of the Declaration and Framer of the Constitution, that “It is quite foreign to the nature of the judiciary to make them judges of the policy of public measures.”
Rick is 100% pro-life from conception to natural death. He has a proven legislative voting record and top awards and endorsements from pro-life and pro-family groups.
John Witherspoon, Signer of the Declaration of Independence, “A perfect right in a state of natural liberty is the right to life. In America, we have denied the power of life and death to parents.”
James Wilson, Signer of both the Constitution & Declaration of Independence and original Supreme Court Justice, “With consistency, beautiful and undeviating, human life – from its commencement to its close – is protected by the common law.”
The ability of law abiding citizens to properly defend their life, liberty, and property is a non-negotiable right grounded in the laws of nature and nature’s God. The Second Amendment was written to explicitly protect that right for Americans to “keep and bear arms,” and no elected official has the right to restrict this sacred right. This is not simply an issue of opinion, but an issue of protecting our explicitly stated rights within both our U.S. and Texas Constitutions.
Justice Joseph Story, Father of American Jurisprudence, said, “The right of the citizens to keep and bear arms has justly been considered as the palladium of the liberties of a republic since it offers a strong moral check against the usurpation and arbitrary power of rulers and will enable the people to triumph over them.
James Wilson, Signer of both the Constitution & Declaration of Independence and original Supreme Court Justice, said, “The great natural law of self-preservation cannot be repealed or superseded or suspended by any human institution. The right of the citizens to bear arms in the defense of themselves shall not be questioned Every man’s house is deemed by the law to be his castle; and the law invests him with the power and places on him the duty of the commanding officer of his house.”
Preserving the Constitution
Government is out of control because the Constitution has come to be viewed by many as a living, breathing document, rather than a timeless document meant to be interpreted literally. The Constitutions of both these United States and the State of Texas are the highest laws of the land, and these foundational documents must be consistently interpreted according to the intent of their authors, not according to the whims of those seated on the bench. Courts should never exceed the specific authority given them in the Constitution, which sometimes means refusing to decide certain matters exempted them (positive exception) by the state or federal constitutions or even sometimes through legislative action.
Joseph Story, Father of American Jurisprudence, said, “The first and fundamental rule in the interpretation of all documents is to construe them according to the sense of the terms and the intention of the parties.”
Thomas Jefferson: “On every question of construction, carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.”
James Madison: “What a metamorphosis would be produced in the code of law if all its ancient phraseology were to be taken in its modern sense.”
Our nation was founded on the radical idea that our rights come from our Creator, not from our government. The First Amendment exists to protect the American citizen’s right to freely work and live according to their religious beliefs without fear of unjust discrimination from or retribution by government. We are granted freedom of conscience, and our ability to worship freely and personally can not be compromised to conform to a politically correct culture.
Rick adheres to the historical definition of marriage as only between those of the opposite sex and the sociological evidence that a society is healthier, more prosperous, and more joyful when marriage is only between one man and one woman. The Texas State Constitution does not recognize a union between two people of the same sex, and it is the court’s job to hand down opinions according to the rule of law. We must defend, protect and preserve traditional marriage, as it has come under assault from activist judges at both the federal and state level.
Marriage is a central issue in this campaign due to the incumbent joining a decision this past summer which ignored our constitutional definition of marriage and also was an overreach of the court’s authority. For a detailed analysis of the Naylor case, see this post.
Sharia law is incompatible with our Constitution and republican form of government. American courts should never resolve disputes with sharia law replacing state or federal statutes.
A Note About Knowing the Convictions and Worldview of Judicial Candidates:
The courts have been far more liberal than the American people for more than fifty years. This has not occurred because of a failure in the design of our republic. It has been the direct result of a manipulation of the judicial selection process that allows judicial candidates to hide their liberal views until they are on the bench and writing opinions far out of step with the citizenry and in direct violation of the constitutional structures the people put in place.
Whether federal judges appointed by the President and confirmed by the Senate, or state judges elected directly by the people, judicial “candidates” have been prevented from making known their philosophy and thereby giving presidents and voters the ability to choose judges that reflect the values of the people and uphold the constitution adopted by the people.
Following baseball’s Black Sox scandal in the 1919 World Series, and the resulting role of Judge Kenesaw Mountain Landis as Commissioner of Baseball while serving as a federal judge, the legal community created a judicial code of ethics/conduct. Rather than following the Constitutional impeachment process for removing unethical judges, a judicial code was created that chilled free speech and hampered the ability of citizens to do their duty and make informed decisions.
Large portions of this “code” have been struck down by the U.S. Supreme Court in order to restore the free speech of candidates and allow voters to make informed decisions. However, many judicial candidates still hide behind these outdated restrictions.
Rick Green refuses to do so. Rick agrees with Justice Anthony Scalia’s majority opinion in RPM v White: that candidates have the right and duty to be open and honest with the electorate regarding their philosophy and beliefs AND the voters deserve to know this information so they can make good decisions about who they want on the bench.
Therefore, Rick will attempt to answer any questions posed by voters, excepting only those which would directly violate portions of the Judicial Code of Conduct still in place and not overturned by the U.S. Supreme Court. Though some of these remaining codes are unconstitutional in Rick’s view, there are many in the liberal media and legal establishment that will look for any opportunity to accuse Rick of violating the code. This means that Rick is unable to endorse in other campaigns, indicate how he would rule on pending cases, or lend support to specificproposed legislation, but he can answer questions about his philosophy regarding the underlying principles at issue in any of these scenarios.