Sunday, May 18, 2014
The Judicial Branch must interpret the Constitution, but it must be objective.
All the Three Branches of Constitutional Government must play their proper role. Democracy, i.e. a democracy of the People is dependent on the proper functioning of each of the Three Branches. To be sure, each Branch can violate its proper function. The Executive can engage in activity that is not considered 'democratic'; the Legislative can violate its proper 'representative' function; and the Judiciary can violate its proper function by 'reaching decisions' that are unfounded on democratic principles, and that just don't make any sense, much less, democratic sense; e.g. the Citizens United Case. If the question is asked, " which Branch in Triadic government is the most important?", the answer, of course is, "all three are important". Nevertheless, the Judicial Branch has a more 'serious role',( if it can be said in that manner), than any other Branch, in that it is 'slightly' more important than another; why? because we 'depend' on its 'professional judgments' in Law; (the other Branches don't pass judgments on Constitutional law, but only carry out the interpretations of the Court); not to mention the fact that any other Branch is in Office for just a few years, after which they have to be voted back in. Not so with the Judicial. They're appointed for life; hence, they can 'freeze' the 'conversation' in some rigid manner, which renders the results thereafter, un-democratic. How? Well, consider the fact that a 'holding' that a corporation which is a 'fiction'; i.e. unreal, and really doesn't 'speak' and which exists 'only in contemplation of law', has a Constitutional 'freedom of speech', and has a right to engage in politics by means of 'contributing money' to the political process. WOW. Hey, corporations are not real people; the Courts even consider them 'fictions', and the money contributed should be in circulation in the economy, and not 'bolstering' corporate advantage, and helping an 'economic value' to solidify its position within a democratic social that gave it its arising. The end result is, economic values trump democratic values. And to boot, its done by means of a 'judicially created fiction', that needs no further 'extension' into the social. And certainly, corporations don't need protection from the People; to the contrary, the People need protection from a 'corporate society', a value system founded on a recognized 'legal fiction'.
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