Monday, October 29, 2012

Party loyalty in the Judicial Branch is criminal. Its not surprising that the Executive Branch is loyal to Party ideology, but malfeasance can be corrected at the end of the term. The Legislative Branch, instead of representing the People, engages in the same warped sense of loyalty, but that can also be corrected. In spite of the lack of control over human greed and an individuals panting for political power, these malfeasance's can be corrected even though the correction may occur after-the-fact. But, there is no such democratic control over the Judiciary. What happened? Why isn't there some kind of control of the Judicial branch? Could the Founding fathers have assumed that the Courts would always be objective in their interpretive practices? If they did, they were poor judges of human character. Our political history is peppered with unjust, sometimes ridiculous decisions by the so-called Learned Brethern on the Court. There has to be some control over the duty to be impartial in adjudicating Constitutional issues. Thats the only duty they have. They have no other function. They should be required to be impartial and that impartiality should be subject to some kind of oversight every so-many years. Surely, there are some standards by which objectivity can be quantified and measured. Government is "of people", "by people" and "for people". That doesn't seem to be very difficult. There is no room for Party-politics in the Judicial Branch. If there is no democratic control over the Judicial Branch, these "life-long", Party-decisions become fixed and cemented into the political fabric. If a Justice is not being impartial, he or she has to be removed. If not, democracy will deconstruct. No Justice and no Chief Justice has a right to a life-long tenure when he or she is playing politics. All this at the expense of the people for whom the Founding Fathers crafted the Constitution. I've said, the Bottom is Number. Every-one has to be included in the equation we call "democracy". We do not live in a Plutocracy; we live in a Democracy. The bottom of triadic government is necessary for a democracy. If the Judicial Branch is not doing its job, its time for the people at the bottom to " peaceably... assemble...and petition...for a redress of grievances".

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Democracy For The Bottom by Gilbert Gonzalez is licensed under a Creative Commons Attribution 3.0 Unported License.