Friday, November 25, 2005

Separation of Powers - Part 4

Scholar Raoul Berger asks the rhetorical question: "How long can public respect for the Court, on which its power ultimately depends, survive if the people become aware that the tribunal which condemns the acts of others as unconstitutional is itself acting unconstitutionally? Respect for the limits on power are the essence of a democratic society; without it the entire democratic structure is undermined."
--(Berger, Government by Judiciary (2d ed. 1997) pp. 459-460.)
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Legal Arguments:

D. § 61.08 Fla. Stat.-Unauthorized Delegation-Uncertain in Implementation

The flaws in the alimony statute which create the unauthorized delegation of authority, and the unbridled decision making authority to the judiciary are the multiplicity of factors in the statute that “shall” be weighed and the closing statement in § 61.08 (2) Fla. Stat. which creates unbridled authority. Further, the improper authority given to the judicial to make a decision of whether and how much alimony will be given cannot even be discerned by the judiciary---even they cannot figure out the statute. By its own admission the Florida judiciary does not even know how to implement the statute.

E. § 61.08 Fla. Stat.

The highlighted areas in the provision below represent the improper unbridled authority delegated to the judiciary to create law. The line of code concluding § 61.08 (2) Fla. Stat. , i.e. “The court may consider any other factor necessary to do equity and justice between the parties.” Represents this unauthorized delegation of authority without restraints or limits. The provision violates the Separation of Powers Fl. Const. directive. Further the provision is non severable.

61.08 Alimony.--
(1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature. In any award of alimony, the court may order
periodic payments or payments in lump sum or both. The court may
consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded. In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony.
(2) In determining a proper award of alimony or maintenance,
the court shall consider all relevant economic factors, including but not limited to:
(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, the nonmarital and the marital assets and liabilities distributed to each.
(e) When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
(g) All sources of income available to either party.
The court may consider any other factor necessary to do equity and justice between the parties.

(3) To the extent necessary to protect an award of alimony, the court
may order
any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure
such alimony award with any other assets which
may be suitable
for that purpose.

History.--ss. 7, 12, Oct. 31, 1828; RS 1484; GS 1932; RGS 3195; CGL 4987; s. 1, ch. 23894, 1947; s. 1, ch. 63-145; s. 16, ch. 67-254; s. 10, ch. 71-241; s. 1, ch. 78-339; s. 1, ch. 84-110; s. 115, ch. 86-220; s. 2. ch. 88-98; s. 3, ch. 91-246.
Note.
--Former s. 65.08. Despite the newly added statutory provision that a dissolution order contain a narrative of the factors in § 61.08 (2) is it impossible to ever determine which factors result in the rulings. ( See
Hillier v. Iglesais 901 So. 2d. 947, (Fla 4th DCA 2005)(Judge Farmer concurring expresses opinion that trial courts do not weigh factors properly, e.g. entitlement to lifestyle of the marriage.)

WOMEN RULE: MORE ON THE SUBJECT:
* U.S. Senate Reauthorizes Feminist Man Hating Bill. Violence Against Women Act funds sexism and not the prevention of domestic violence.
* Florida Teacher Accused of Having Sex With a 14-Year-Old Student Pleads Guilty in Deal to Avoid Prison. This is a blatant example of the double standard that exists in the court where “women rule.”

MARRIAGE STRIKE: DESTROYING THE VERY FABRIC AND BUILDING BLOCK OF OUR SOCIETY AND NATION
* The general male population is going on a massive “Marriage Strike! Unsettling statistics.

CASUALTIES OF STATE SPONSORED VIOLENCE
* Father’s Suicide

EXAMPLES OF A JUDICIAL SYSTEM GONE AWRY:
* Judicial Tenure Commission boss: Remove Bradfield from bench
* Self-Regulation Of Judicial Misconduct Could Be Mis-Regulation

HOW THINGS ARE HANDLED IN OTHER COUNTRIES:
* India: It's all about money, honey!

RELATED WEBSITES OF INTEREST:
* Wanted Posters Reality TV. A modern version of the post office wanted poster bulletin board.

LEGAL INFORMATION AND RESEARCH CORNER:
* Library of Congress

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