Of
late, too many American courts have waved through the checkpoints the abuses of the Executive branch on
both federal and state levels. We have
seen this in matters of firearms restrictions, property seizures, and taxation.
For
a change, there is one example of a judiciary
that did what it is supposed to do:
Prevent the excesses of the Executive Branch. The case is Commissioner v. Proctor and Gamble Home Products Ltd.
The Commissioner appealed a decision from a lower tribunal. The appeal was dismissed. In dismissing the appeal, the Court,
disgusted with the Commissioner's practice of appealing on issues already
decided by it in prior cases, warned the Commissioner that he would be held
personally liable for costs and penalties in future frivolous appeals. The decision in the case can be read here
or here;
it is well worth the read.
Unfortunately, the above decision will not Directly
Impact The Excesses Of Andy Cuomo Or Barack Hussein Obama. The Court Is The High Court Of Judicature At
Bombay, India.
Would that the American courts have such gumption to say
"No!" to the Executive.
Labels: checks and balances, India, taxation
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