Judge Sinha Claims Discretion to Act Unconstitutionally

Judge Sinha Claims Discretion to Act Unconstitutionally
By
James Scott Trimm

Our nation is built upon the Constitution.  The Constitution limits the power of government and is a chain that binds the governmental leviathan.  Likewise the Texas State Constitution protects us further from the powers of State Government. 

Activist judges who believe they have the power to act unconstitutionally are destroying our nation.  They believe they have the power to violate the separations of powers, and to violate the rights of the states and the people. 

Major victims of this destruction of the US Constitution have been the Right to Life and the American family.  In the recent judgment from the US Supreme Court inventing a right to a gay marriage out of thin air, Justice Anton Scalia famously wrote in his dissenting opinion:

"I write separately to call attention to this Court's threat to American democracy... This practice of constitutional revision... robs the people of the most important liberty... the freedom to govern themselves..."
-U.S. Supreme Court Justice Antonin Scalia

So here in the Red State of Texas, in the Red County of Tarrant, you would expect that we would have Constitutionalist Judges, especially in Family Courts, being that the American Family has suffered so much under liberal judicial activism. 

Yet a video has surfaced in which Judge Mike Sinha, the judge of our 360th Family Court declares that as a district family court Judge in Texas he has the liberty and discretion to do things that are unconstitutional!  Sinha actually said:

"I have a lot lot of liberty and a lot of discretion as a district court judge when it comes to families.  The Family Code is fair.  And the District Court has the opportunity to do things that are Constitutional and unconstitutional."

If video does not work click here to view.

Judge Sinha is the Unconstitutional Judge.  We need strong constitutionalist judges in Tarrant County Courts, which is why I have endorsed Patricia Baca Bennet in the race for the 360th Family Court.  She has plainly stated her judicial philosophy:

"The powers of the Government of the State of Texas shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit: Those which are Legislative to one; those which are Executive to another, and those which are Judicial to another; and no person, or collection of persons, being of one of these departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted." Article 1, Section 2, Texas Constitution

A judge's role is to apply the law, not make the law. A judge cannot substitute her personal beliefs for the law. Like the Constitution of the United States, the Texas Constitution sets forth a scheme of divided government with specific powers to be exercised by each branch of government. The Texas Constitution specifically limits the powers of each branch of government and Texas Statutes limit the powers of each court. The founders of our country and our state understood the necessity of separation of powers as a check on the excesses of government and as a means for protecting our liberties and freedoms.

Family courts in Texas are courts of law and equity. However, equitable principles can only be used if there is no adequate remedy at law and are limited by both statute and case law. A judge who sees a modern-day family court as simply a "court of equity" fails to recognize the limits Texas law places upon a judge.

I am a Constitutional Conservative. I respect the Constitutions of the United States and the State of Texas. I understand the role a judge plays in our governmental scheme. I am committed to following the laws of this great state. The people coming into our family courts deserve the certainty that the judge hearing their case is applying the laws as passed by the Texas Legislature.

Activist judges that claim the power to act unconstutionally must go!  These sorts of judges have no place in Tarrant County, nor do they have a place on the bench anywhere in the nation!