The Independent Judiciary
NPR : O'Connor Decries Republican Attacks on Courts
An independent and powerful Judiciary are hallmarks of a just society. It is our political heritage and bedrock of our common law legal system.
What is interesting is that the Neo-Cons are only now upset by activist judges, which apparently are any judges who do not use Neo-Con ideology when making rulings, but instead defer to law and the constitutions of the states and federal government. When President Reagan and the Conservative Revolution took Washington the Executive began a bold campaign of trying to convince every judge on the bench to undue or circumvent much settled case law, most notably Roe v Wade. Other examples include Affirmative Action, Civil Rights and the Role of Faith in Government. Where positions opened in the Federal Bench it was not qualifications alone that made sure you'd get the tap. No, no. Your chances were greatly improved if you were not only well-educated, accomplished and articulate, but if you shared the President's view of government and his views on all the issues his administration had taken on. Was this ethical, was this right? It's hard to say. But what we do know is that the Office of the President was not only satisfied with, but strongly encouraged what can only be described as Judicial Activism.
Personal Ideology should never be the basis for a Judicial Opinion, and I believe it rarely is. I trust in the Justices and Judges that are appointed to the bench to maintain their allegiance to the Law above their allegiance to any party. While there are many different theories of jurisprudence, and most Justices have their own sense that has developed over time, these theories and methods are not Political or Religious ideology. They are beliefs as to how law should be interpreted and justice administered. Judges must be above Democrat, Republican, Liberal, Conservative, Centrist, Progressive or any easily adhered label.
When above these considerations unpopular decisions are often made. Or, more likely, decisions that create a nearly even split among the citizens of the Republic. But Judges are not answerable to the public, in fact their selection is about as far removed from the public as any officer of the government. They are never answerable to the Executive, once appointed. And they are answerable to the Legislature, once appointed, only through the extraordinary process of impeachment.
The Justices are the standard-bearer of the rights of the minority, as the Congressman are the standard-bearers of the will of the majority. These two influences must always remained balanced, for to give too much power to one is to weaken the very foundation of our Republican Democracy. Cheap and politically motivated attacks on the Judiciary, through constitutionally questionable proposed legislation, through the all-to-eager and all-to-willing to print and broadcast press, from political pressure and demagoguery is a challenge to the Framer's Intent, to the very American way of life.
Oh, Great Legislators! Just because you don't like the decision, doesn't mean it's wrong, or bad, or evil. Just because you are not ready to see the country move on to the next phase of freedom and human rights, doesn't mean it's not time. So the gays can marry in Massachusetts, why are you all so upset? Get over it, and stand with your brothers and sisters in arms, the Judges. Acknowledge their sacrifice for their country, just as you sacrifice for it. And for the Love of G-d stop politicising the lives of others, and their champions. Have a debate about real issues, that actually effect us, like massive trade deficits, a burgeoning debt and the cost of health care. Leave the philosophical and religious debates to the philosophers and theologians. Focus on what you can fix, can make better. Focus on the law, freedom, prosperity and defense and stop using that cornerstone of the parlor trick, mis-direction, to cover your own failures.
An independent and powerful Judiciary are hallmarks of a just society. It is our political heritage and bedrock of our common law legal system.
What is interesting is that the Neo-Cons are only now upset by activist judges, which apparently are any judges who do not use Neo-Con ideology when making rulings, but instead defer to law and the constitutions of the states and federal government. When President Reagan and the Conservative Revolution took Washington the Executive began a bold campaign of trying to convince every judge on the bench to undue or circumvent much settled case law, most notably Roe v Wade. Other examples include Affirmative Action, Civil Rights and the Role of Faith in Government. Where positions opened in the Federal Bench it was not qualifications alone that made sure you'd get the tap. No, no. Your chances were greatly improved if you were not only well-educated, accomplished and articulate, but if you shared the President's view of government and his views on all the issues his administration had taken on. Was this ethical, was this right? It's hard to say. But what we do know is that the Office of the President was not only satisfied with, but strongly encouraged what can only be described as Judicial Activism.
Personal Ideology should never be the basis for a Judicial Opinion, and I believe it rarely is. I trust in the Justices and Judges that are appointed to the bench to maintain their allegiance to the Law above their allegiance to any party. While there are many different theories of jurisprudence, and most Justices have their own sense that has developed over time, these theories and methods are not Political or Religious ideology. They are beliefs as to how law should be interpreted and justice administered. Judges must be above Democrat, Republican, Liberal, Conservative, Centrist, Progressive or any easily adhered label.
When above these considerations unpopular decisions are often made. Or, more likely, decisions that create a nearly even split among the citizens of the Republic. But Judges are not answerable to the public, in fact their selection is about as far removed from the public as any officer of the government. They are never answerable to the Executive, once appointed. And they are answerable to the Legislature, once appointed, only through the extraordinary process of impeachment.
The Justices are the standard-bearer of the rights of the minority, as the Congressman are the standard-bearers of the will of the majority. These two influences must always remained balanced, for to give too much power to one is to weaken the very foundation of our Republican Democracy. Cheap and politically motivated attacks on the Judiciary, through constitutionally questionable proposed legislation, through the all-to-eager and all-to-willing to print and broadcast press, from political pressure and demagoguery is a challenge to the Framer's Intent, to the very American way of life.
Oh, Great Legislators! Just because you don't like the decision, doesn't mean it's wrong, or bad, or evil. Just because you are not ready to see the country move on to the next phase of freedom and human rights, doesn't mean it's not time. So the gays can marry in Massachusetts, why are you all so upset? Get over it, and stand with your brothers and sisters in arms, the Judges. Acknowledge their sacrifice for their country, just as you sacrifice for it. And for the Love of G-d stop politicising the lives of others, and their champions. Have a debate about real issues, that actually effect us, like massive trade deficits, a burgeoning debt and the cost of health care. Leave the philosophical and religious debates to the philosophers and theologians. Focus on what you can fix, can make better. Focus on the law, freedom, prosperity and defense and stop using that cornerstone of the parlor trick, mis-direction, to cover your own failures.
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