Judges for Sale

National laws are written by Congress. Members of Congress are elected by the people. Federal judge are nominated by the President and confirmed by the Senate to lifetime positions of great power. Each of our past few presidents has personally nominated over 300 federal judges with two or three of those being Supreme Court justices.

Make no mistake, judges are partisan appointments who share the same political philosophy of those who nominated and confirmed them.

If a new law is passed (or a regulation is issued) by the party in power, the party currently in the minority (or their political sympathizes) shop for a predictably sympathetic judge who was confirmed when the minority party was in power. They seek to have a law overturned or significantly delayed. Conservatives locate a judge who was appointed by a conservative office-holder. Liberals find liberal judges.

Laws are overturned within hours or days. The impression sometimes created is that the judicial reversal was written before the law was passed or enacted. When an appeal is filed, the review is conducted by a three judge panel. There is a problem with the appeals process when the panel shares the same political orientation as that of the judge who initially overturned the law. The outcome of the review is predictable. That leaves only the US Supreme Court to have the inclination and find the time to hear the appeal. Judicial restraint, “the philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures,” is all but gone.  Quote from   https://quizlet.com/11295538/ap-gov-judiciary-flash-cards/.

Unwilling to wait, the body that drafted the overturned law, drafts and passes another version of the same law in hopes that the revised law slips past judicial rejection. Most often that does not happen when a judge again blocks implementation of that revised law.

Some would say that this court blocking is a good thing. The judicial branch quickly grinds the executive the legislative branches to a halt. Fewer laws are enacted in a country that already has thousands of laws on the books. Many of those laws directly conflict with each other. It seems we have enough laws already.

However, there is another troubling realization to consider. The original intent of the framers of our Constitution was to create three independent branches of government. Checks and balances were intentional and conceptually great.  It remained so until the judicial branch morphed into a second legislative branch and left the law behind.

About authorbillramsey

During his forty-year professional career, Bill Ramsey wrote magazine articles and business newsletters. Now retired in the mountains of western North Carolina, he writes a blog and has published four books. Bill's 2015 collection of concise, real-life essays is titled "What Do YOU Think?" He has also written "Me Now - Who Next? (The Inspiring Story of a Traumatic Brain Injury Recovery)" and "Now That I Think About It. Bill's books and are available from Amazon.com and on all e-readers. See www.authorbillramsey.com. Follow Bill on Facebook at www.facebook.com/billramseyauthor/
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2 Responses to Judges for Sale

  1. So very true, Bill. Our form of government has been subverted by powerful interests. The Supreme Court has become the final arbiter, which was never the intent of the framers.

    Like

    • Joe, Those of us who were taught the history of the country and the Constitution are and should be bothered. Those younger than we are were never educated in these matters and don’t seem to care to learn them. So sad.

      Like

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