Friday, January 3, 2014

The Third branch of government is very important

The Judicial Branch hears and resolves all cases involving the Constitution. It interprets the Constitution and resolves all cases and controversies in Law and Equity. In triadic government, the Judiciary is the 'sides' of the Triad. The Top is the Executive and the Bottom is the essence of the democracy, viz. the People. All three parts of the Triad must be continually active and all are important but, the Top of government would not exist, but for the Bottom. But, one cannot help but to notice the importance of the Supreme Court in determining the outcome of many Constitutional controversies. Who determines the different 'interpretive practices' of the Court and how are they arrived at? Well, a lot depends on Party-loyalty, and do the different Parties have different views of 'democracy'? Unfortunately, yes. The names of the Parties does not matter; its the dependence on the rigidity of the Party ideologies that can create problems. But, listen to this, the Executive and the members of Congress are all elected by the People and serve for a specific period of time, after which, elections are held again and so-forth. In other words, they are accountable to the People. But the members of the Judicial Branch are appointed by the Executive Branch. What is the standard of conduct that the appointee is held to? Article III states they shall "hold their Office during good Behavior". Wow, what is that? They hold Office for the rest of their lives, so long as they 'behave'? What kind of Constitutional standard is that? That's why Presidents "pack the Courts" etc. Party Loyalty creeps in and the Executive appoints a member of the ruling Party. There should be better ways to determine if an appointed Judge is interpreting the Constitution properly or injecting Party ideology and preferences. Constitutional Objectivity has no Party. Maybe, Supreme Court judges should also be made accountable to the People, just like the Executive and Legislative Branches. Where are our Statesmen?

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