SuperDemocrat
Gold Member
- Mar 4, 2015
- 8,200
- 868
- 275
- Banned
- #1
lets except for one moment that Supreme Court decisions are actual laws just for the sake of argument. This would mean we would have two sets of laws of this country. The first are the ones created by the legislature which, of course, is created by democracy. The other set of laws would be ones created by the courts. The courts can create one law and then completely undo that law whenever they feel like it. I don't see how the people can have any control over this because how those laws are created are complerely independent of the people's control. The legislature has to respond to the people since they hold their offices with the people's vote. The judges on the Supreme Court are not elected into office and really don't have to respond to anyone whatsoever because they have lifetime appointments. I just don't see how case law is democratic considering interpretations of the law and constitution are outside of the people's control.
Perhaps judges should be democratically elected into their position in order to give the people control over how the laws and constitution is interpreted. The people's opinion of the meaning of the constitution would be the primary guide to case law and not some weird oligarchy of lawyers. It would also be more democratic than the system we have now and it would provide a real check on the legislature since it would be a true independent branch of the government. Currently, the legislature of the United States picks the judges which means they will not pick someone who is going to strike down their own handcrafted legislation. When the choice of judges are picked independently by popular vote the legislature would lose control of the Supreme Court.
This really isn't about the popular vote of judges but more about how undemocratic case law is and it is just really an example of arbitry power over the people by the few. I predict that the same political forces that was able to convince people that case law is the law will one day convince us that executive action independent of the legislature is also the law of the land. By calling it the law of the land it makes it seem justified. Call it a direct order from the president would seem to be more like a dictatorial command. That will never be excepted which is why these kinds of actions have been renamed to law of the land. It is the only way the public will,p knowingly accept them. It just seems kind of diabolical and if I didn't know any better I would think it is being done on purpose.
Perhaps judges should be democratically elected into their position in order to give the people control over how the laws and constitution is interpreted. The people's opinion of the meaning of the constitution would be the primary guide to case law and not some weird oligarchy of lawyers. It would also be more democratic than the system we have now and it would provide a real check on the legislature since it would be a true independent branch of the government. Currently, the legislature of the United States picks the judges which means they will not pick someone who is going to strike down their own handcrafted legislation. When the choice of judges are picked independently by popular vote the legislature would lose control of the Supreme Court.
This really isn't about the popular vote of judges but more about how undemocratic case law is and it is just really an example of arbitry power over the people by the few. I predict that the same political forces that was able to convince people that case law is the law will one day convince us that executive action independent of the legislature is also the law of the land. By calling it the law of the land it makes it seem justified. Call it a direct order from the president would seem to be more like a dictatorial command. That will never be excepted which is why these kinds of actions have been renamed to law of the land. It is the only way the public will,p knowingly accept them. It just seems kind of diabolical and if I didn't know any better I would think it is being done on purpose.