C_Clayton_Jones
Diamond Member
Actually, the judiciary represents indirect democracy and consequently the will of the people, including the Supreme Court.It never did. It is not supposed to.it represents the constitution. It is not elected.The supreme Court no longer represents the will of the poeple.
Test your Supreme Court knowledge: In the entire history of the court, exactly one justice has been
a) nominated by a president who didnāt win the popular vote and
b) confirmed by a majority of senators who collectively won fewer votes in their last election than did the senators who voted against that justiceās confirmation......
Donald Trump won just under 46 percent of the popular vote and 2.8 million fewer votes than Hillary Clinton. And Judge Gorsuch was confirmed by a vote of 54-45. According to Kevin McMahon of Trinity College, who wrote all this up this year in his paper āWill the Supreme Court Still āSeldom Stray Very Farā?: Regime Politics in a Polarized America,ā the 54 senators who voted to elevate Judge Gorsuch had received around 54 million votes, and the 45 senators who opposed him got more than 73 million. Thatās 58 percent to 42 percent......
And it gets worse, Thomas and Alito were both confirmed by senators who got less votes than the opposition. That mean 4 out of 9 judges were appointed against the wishes of the majority.
The Supreme Court no longer represents the people.
Opinion | The Supreme Courtās Legitimacy Crisis
The people of the states determine their Electors, who then elect the president, who in turn makes judicial appointments to the Federal courts.
The Senate confirms those appointments, senators elected by the people.
The judicial process begins with the political process, reflecting the will of the people.
And if the people object to the judicial appointments made by a president, or oppose a senatorās vote to confirm a judicial nominee, the voters are at liberty to remove from office that president or senator ā again, reflecting the will of the people.