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Thread: Chief justice urges progress naming judges

  1. #141
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    Re: Chief justice urges progress naming judges

    Quote Originally Posted by samsmart View Post
    Errr, no.

    It's not that I want to see appointment simply accomplished - I, too, want worthwhile members to get appointed to the judiciary. However, the major reason why judgeships go unfilled is because there's no consequence to the Senate for not filling appointments. This means that the judiciary itself suffers, and Congress doesn't care because it doesn't affect them, and they profit to their partisan base by being hard-liners on every judicial appointment.

    So we give the Senate the chance to make appointments. If they perpetuate their partisan hackery for their own benefit and refuse to compromise on a position then it goes to the President to fill.

    It gives the Senate full control over appointments, and only over to the President if they cannot come up with a consensus. That's not outside the line of political thinking, as the reason why the President is both head-of-government and head-of-state is so that the President can take charge during issues in which Congress is at loggerheads. It's also within the realms of checks and balances.

    This also takes into account practical realities. For one, no matter which judges get appointed, somebody will object to them. So there's no real way to build up the people's confidence in the judiciary as, no matter what position they hold, their rulings will piss somebody off.

    Therefore, I say we just give the Senate a chance to make those appointments, and if they become unable to then it goes to the President.
    But the political reality is that even if the Senate makes the appointments themselves, they will do so in a partisan fashion. If we require a supermajority in an attempt to combat this, they will (in keeping with their partisan nature) simply not reach consensus, and it will go to the President, who will appoint partisan judges according to his ideology. The system you are proposing, at best, perpetuates a continuing polarization of the judiciary. The more likely outcome would be even further polarization, and even fewer people trusting that Judges are simply doing their best to interpret the law. People haven't lost faith in the judiciary because judges aren't getting appointed, but rather because when they are being appointed it is in a partisan fashion. Your proposal doesn't do anything at all to address that partisanship.

    You mention that there will always be critics. I am under no illusion that we will achieve universal consensus. I do believe, however, that we can ignore the fringes on both sides, and achieve consensus of the reasonable people. Right now, it is the reasonable people who believe that the judiciary is getting worse, and I side with them on this.

    To add to what I originally proposed, a panel of experts, if you will, is more qualified to nominate Judges than either the President or Congress. The President and Congress both are political, partisan animals by nature, and are not distanced enough from the fray to make objective choices. Unlike the other branches, members of the judiciary are legitimized by their expertise and their known ability to interpret the law.
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  2. #142
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    Re: Chief justice urges progress naming judges

    Interesting, I give a couple of good suggestions to this problem and not one single peep about them..instead the partisan arguement continues as if my suggestions didn't even register. :P
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    Re: Chief justice urges progress naming judges

    Quote Originally Posted by Redress View Post
    So the problem is that activist judges are ones that you disagree with. Thank you for proving my point.
    Activist judges, are ones that legislate from the bench. The reason that most of the judicial legislating we see is in support of the Liberal agenda, is because it's typically the only means that the left has at it's disposal to forward it's agenda, because of the rejection of that agenda, by the American people.
    Quote Originally Posted by Top Cat View Post
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    Re: Chief justice urges progress naming judges

    Quote Originally Posted by Kal'Stang View Post
    Interesting, I give a couple of good suggestions to this problem and not one single peep about them..instead the partisan arguement continues as if my suggestions didn't even register. :P
    Which page are your suggestions on? I missed them...

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    Re: Chief justice urges progress naming judges

    I would just like to interject at this time that, as I have thought further about the problem, I have realized that the root of the issue is not really even partisanship. It is the very existence of divergent interpretive philosophies that people think lend greater power to their own political ideology. It is probably impossible to determine which philosophy the founders intended. Indeed, I can imagine that even they had different ideas about which philosophy was appropriate.

    This is unfortunate, because it sets up a vague system where no one really knows what is correct, which in turn is the cause of the descent into our current politicization of any attempt to interpret. If we could know the appropriate philosophical approach, people of all political stripes would know their proper role in trying to change or preserve things.

    For example, if the Constitution is meant as a set of principles who's spirit is to be interpreted according to the times and context in which the occasion for interpretation arises, then people who object to the interpretations of Judges would know that the only proper way to change things is through amendments which set specific limits or boundaries to that interpretive power.

    On the other hand, if the Constitution is meant as a sort of higher set of specific laws, written in a precise manner and meant to refer to a more static context, then the proper way to change things would be through amendments which change the Constitution according to the unforeseen changes in sensibilities and circumstances.

    If it was written into the Constitution itself which approach was proper, it would clarify the powers of the judiciary. I think this is really what is needed, much more fundamentally than anything else.
    Last edited by Dezaad; 01-02-11 at 06:07 PM.
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  6. #146
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    Re: Chief justice urges progress naming judges

    Quote Originally Posted by SheWolf View Post
    Which page are your suggestions on? I missed them...
    Page 12, last two posts.
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    Re: Chief justice urges progress naming judges

    Quote Originally Posted by Kal'Stang View Post
    Another suggestion...and probably simpler...maybe even better?

    A panel made up of contitutional historians and lawyers decide. Set up rules that they must follow at all times. Make sure there are punishments for taking any bribes and or gifts from lobbiests and politicians. They get audited every 6-12 months to make sure that they are not taking bribes/gifts.
    That's a terrible idea. None of those people are answerable to the American people, which means that the will of the people wouldn't be served.

    The partisan manner in which judges are appointed is essential. It helps to prevent nutjob judges--right or left--from taking the bench. It's a part of the whole checks and balances thing.
    Quote Originally Posted by Top Cat View Post
    At least Bill saved his transgressions for grown women. Not suggesting what he did was OK. But he didn't chase 14 year olds.

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    Re: Chief justice urges progress naming judges

    Quote Originally Posted by apdst View Post
    That's a terrible idea. None of those people are answerable to the American people, which means that the will of the people wouldn't be served.
    And if the will of the people is unconstitutional?

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    Re: Chief justice urges progress naming judges

    Quote Originally Posted by Jetboogieman View Post
    And if the will of the people is unconstitutional?
    The point is, we can't have a group of people who answer to no one, appointing Federal judges. The, "will of the people", is what our government is responsible to.

    That's why the Constitution starts out, in big bold letters, "WE THE PEOPLE".
    Quote Originally Posted by Top Cat View Post
    At least Bill saved his transgressions for grown women. Not suggesting what he did was OK. But he didn't chase 14 year olds.

  10. #150
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    Re: Chief justice urges progress naming judges

    Quote Originally Posted by apdst View Post
    That's a terrible idea. None of those people are answerable to the American people, which means that the will of the people wouldn't be served.

    The partisan manner in which judges are appointed is essential. It helps to prevent nutjob judges--right or left--from taking the bench. It's a part of the whole checks and balances thing.
    SCOTUS Judges are not answerable to the American people either. When they are put into their position they are there for life except on two conditions. They retire. They are "impeached", and when was the last time a judge was impeached?
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

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