“Small Ball” Can Produce Big Wins

Sometimes, seemingly minor adjustments can make big differences with respect to how our state is governed. This might be considered “inside baseball” or “shop talk”, but the implications can be huge.

A few recent articles illustrate. A couple of these come from the John Locke Foundation (JLF).

First, there is the use of “rational basis review” in our state courts. This is the legal principle that states the courts must consider laws to be constitutional unless they are “irrational”. It is outrageous that this principle is being used. The courts are supposed to rule on a case and decide constitutionality. If they follow this “rational basis” principle, the courts are inappropriately ceding power to the General Assembly. That is wrong because the courts are supposed to protect citizens from unconstitutional laws. We need to get rid of this.

Second, a WRAL article highlights the fact that some criminals are deemed unfit to stand trial. A group of prosecutors is asking our state legislators to tighten up state law so that these criminals do not slip through the cracks. The implication is that they are sometimes released back to society to commit more crimes.

Third, JLF is calling for a change to state law so that citizens can request that state courts appoint a special prosecutor to investigate election fraud. This is necessary because the local and state boards of elections do not always properly handle allegations of election fraud.

These are three good ideas; and our state legislators ought to take action.