Speak Out!
The Supreme Court
Tue, 07/08/2008 - 11:58 | Government
One of the most far-reaching impacts of a presidency is selecting justices for the Supreme Court. Many question the decision-making process used by the Court.
One view is that judges should be independent thinkers and not political partisans:
The judiciary is supposed to be an independent branch of government composed of serious jurists with the unenviable task of applying the law, legal precedent and constitutional principles to cases that are by their very nature ambiguous. What it is in danger of becoming is a partisan toy that activist groups of the far right and far left tussle over.An opposing view is that judges should interpret the law and leave legislating to the people:
The Federalist Papers set forth the argument that the judicial branch of the national government would be the "least dangerous" to liberty. This would happen not because that branch would be filled with the wisest and most learned citizens, but because of its limited powers.Should members of the Supreme Court be independent thinkers or judicial activists?
Hard Left
Comments
Jeffery Toobin did an
Jeffery Toobin did an excellent job of exposing the partisan nature of the Supreme Court in his book "The Nine". The purpose of the Supreme Court is to interpret ambiguous parts of laws in terms of their constitutionality. Unfortunately, there are different philosophical standpoints that can be taken on how to interpret the Constitution. Some of the Justices have a more conservative, originalist view in interpreting the Constitution, while other Justices view it as a living document that was intended to adapt and change over generations as our society changes.
Judges and Justices should be free from partisanship in theory, but they are selected by the President. The Judicial Branch was intended to be the weakest branch of government because it is not elected by the people, but at the same time, it is there to protect our constitutional rights. Ironically, in some ways, the Court has almost violated the Constitution by going out of its way to hear those cases that will enable them to carry out their agendas through judicial activism and their rulings that become case law.
I do not believe that judges
I do not believe that judges should necessarily be independents, but I also do not believe they should be chosen by the president. I say this because the president is more likely to choose a judge who is a member of his/her political party. Just as with any other office, I believe that judges should be elected by the people, and this can be done without running for a particular political party.
Tyrone sounds like a very
Tyrone sounds like a very intelligent individual and I believe that I understand his point. However, I disagree. In my opinion, our minds actually work after assessing many variables be they economic, environmental, social,intellectual and even in matters of love. Consequently, whether we want to admit this or not, we always take a stand on things....all things. I find this to be wonderfully good...........or bad, for the soul of the individual. This now said, I fully admit that I am somewhat left of center from a political perspective. I strongly believe that the very highest ideal of government, ANY government, is to HELP THOSE WHO NEED HELP. I therefore have no problem understanding the purely partisan nature of our judicial system, for it reflects the way humans think and therefore act. To suggest it should be otherwise, while understandable, will yield nothing, again, in my opinion.
It's my opinion, and I hope
It's my opinion, and I hope that I'm not in the minority, that Justice IS NOT affiliated with a political party! Justice IS NOT Democratic or Republican! This is a major problem in America. Black folks are under attack because the Justice system has been infected by partisan activist groups.
Judges at all levels (State and Federal) should be true independents. I strongly feel that when running for elected office (or appointed) Judges SHOULD NOT declare what political party they choose to support. A judge's job is to apply the law not a political addenda! It's sad and disturbing to me to see the supreme court (highest court in America) consistently split decisions along political lines. Americans should be outraged demand REAL CHANGE in the Justice system. I may be in the minority, but I truly believe that there are people who can apply the rule of law equally without giving into the influence of a political party! There is a lot of attention on the next supreme court appointment, I don’t feel that a person is qualified because they share the same political party as the person holding the power of the President of the USA.
This doesn’t stop with judges! Sheriffs, Police chiefs, processing attorneys, etc. should all be true independents and able to display NON-PARTISAN thoughts and apply the rule of LAW not a POLITICAL ADDENDA!