Wednesday, December 22, 2010

JUDGES




Judges and lawyers have more power than anyone else in America. All of America voted in 2000 but a few judges determined the outcome. Millions of people voted for and against Prop. 8 but one person determined the outcome.

Hundreds of people send their poetry books to a contest, and a judge chooses one of them.

When we watch American Idol, we watch the Judges choose a winner.

It's strange that now when so many question judgment, and the ability to judge, and say, Don't Judge, that so many crucial things are decided by judges.

More and more the left has decided that everything is relative, and there is no God, and there is no final authority. So they've realized that if they control the judges, their viewpoint will prevail. This probably started with bussing. At least that's the first time it affected me personally. I was in a good school but was bussed an hour away into a minority school district where I was afraid to go to the bathroom for fear of getting stabbed. Some kid I knew had apparently had this happen to him. At least that was the story. I was only 10, so I don't know if it's true. But it was what we heard. I had no idea why I had to say goodbye to all my friends at the good school with the good teachers. Some judge decided that bussing was good, and the whole nation was rerouted out of its neighborhoods to promote peace and brotherly love. My family moved to a small town to escape bussing. But first I endured two lost years when my only concern was to keep from getting gang-banged in the hallways between classes.

The right keeps arguing against judicial activism, because the right believes in God and the People as the sources of authority. The left has correctly perceived that everything is a matter of who's at the switch. The judges are at the switch.

We have had aristocracies and meritocracies and kleptocracies and monarchies, and there is probably a word that means rule by a Judge, or rule by Judges, but I don't know it, and am too lazy to look it up. Whatever it is, that's where we're going. In a sense, it's back to Rome itself, when Nero was judge and jury even if he left the execution to someone else (until it came to himself, in which case he committed suicide). Is it true that as we leave behind the ability to judge, and no longer believe it's possible to do it fairly, that we in turn have turned to judges, to get them to give our agenda a green light?

Just as we no longer believe in a higher Law, or in universals, we now have judges who arbitrarily decide yeah or nay, up or down. Even Obamacare has been thrown out by a judge. Hundreds of thousands of man hours go into a law, and then a judge puts his thumb up or down. I like it when it goes my way, and don't like it when it doesn't, but I wonder why anyone bothers to do all the grunt work if at the end the judge will decide without reference to any truth rather than what he or she wanted all along.

What I don't quite understand is how this has developed. When someone judges, it's not the final say, but it's so expensive to grant a retrial. There are courts of appeal. There are circles of judgement. At each level, newspapers weigh in. Television stations weigh in. Some judges are in for life, like in the Supreme Court. Some are appointed, and some are voted in. Unlike the House and the Senate, which I largely understand, I don't understand all the different courts. Towns, counties, states, cities, have courts. There are also military courts, and federal and national courts. There is a civil court and I think the other kind has another name. I don't know what an appelate court is, and I don't understand the judicial regions of the country. There are about ten of them I think. Do all of them have their own prison systems?

I've never been on trial, and have never had any friend of mine who ended up in prison. I knew someone once who knew someone who was a guard at a small prison. I like prisons and I like the police, but I don't know any criminals who have done time.

I do know that everybody always has everybody else on trial. We judge one another by dress, by how well they follow the Ten Commandments, or how cool they look. We judge by how much money a person has, and by how friendly he or she is, or whether or not they can use decent grammar. We judge everybody. Jesus said not to judge, and yet he himself judged everybody he came in contact with (sometimes he found something of merit in people that no one else would consider meritorious). He was brilliant at this his whole life, surprising everyone with his weird judgements, and his strange way of turning everything upside down. Pilate judged him, but Pilate ended up as the bad guy, and his wife said, we're goners in perpetuity thanks to your judgement, Pilate. We'll be railroaded to hell by God Almighty. Nice going.

Judgement seems to rush toward absolute relativism on the one hand and absolute universalism on the other hand. Is there finally a higher law? Without justice, no society can possibly survive. With judges pulling judgements seemingly out of their asses, it's hard to understand how the rest of us are supposed to take law seriously.

We seem to want it both ways. We are each our own personal Nero. But no one has as much power as Nero, except a judge. It seems arbitary who gets to be a judge, and their judgement appears to be arbitrary and merely personal, rather than universal.

One of the reasons I find God so appealing is that I want an omniscient God who will judge each one of us. I find this makes sense of the world, and that nothing else does.

5 comments:

stu said...

Kirby,

What is your definition of "judicial activism." I.e., what tests do you think ought to apply in order for a judicial decision to be branded as "activist."

You need a definition that is independent of political orientation. After all, if by "judicial activism," you just mean that liberal judges tend to liberal rulings, and conservative judges tend to conservative rulings, then all you're doing is whining.

Kirby Olson said...

The theme seems to be that the legislature should make the laws, and the judiciary should interpret them fairly, looking at the spirit and letter of the original and applying it to situations and events that they are called upon to judge, using the original wording of the appropriate law as a guideline. However, an activist judge simply changes the law, or interprets it as they see fit, much as Marxists read literature: without any real concern for the intention of the original, but either to indict or to praise, according to whether they like the plaintiff (sharing race and gender) or dislike the plaintiff (not sharing those demographic traits). The notion of fairness or objectivity goes out the window with the window.

Kirby Olson said...

A brief summary of NY State courts is here:

http://www.law.syr.edu/Pdfs/0Intro%20Court%20System.pdf

This is one more area I need to figure out.

stu said...

Kirby,

Of course, you should recognize that the Citizen's United decision meets your definition of judicial activism, which of course it is. It is always easy to recognize judicial activism when the decision goes against you.

My point, of course, is that judicial activism is no more the provenance of the left than the right, and it is at best misinformed to claim otherwise.

Kirby Olson said...

I tried to be even-handed by citing the decision that went for Bush -- predictably -- on party lines, in the year 2000. The judges basically ushered him in.

Robert Bork has a book out called Rule by Judges (I wanted to see if others were bothered by it and to find a name for the phenomenon). His book is just called Rule by Judges. It's 175 pages. He claims it's gone really far in Israel where the judges issue rulings without even having cases before them.

I suppose that would be called Fatwa in Islam.

I ordered Bork's book, and plan to read it while listening to Bjork.

We are going to begin a kind of national series of slapping actions instigated by judges. Judges slapping down Obamacare, while others revive it. Judges deciding some election they don't like is to be overturned.

The judges are getting quite out of hand and full of themselves.

I suppose it's going to be a bit like one imam calling a Fatwa, and the other calling a Fatwa on the first one.

One thing I don't understand is that some judges are appointed for life, but others are voted in. How many are appointed for life? Is that just SCOTUS?

Some have been removed for going too far.

I don't think you can remove a member of SCOTUS, though. Have any of them ever been removed?

I looked up appelate court, it just means a court that reviews lower court decisions.

How many judges are there in the US, what's the hierarchy, how are they hired, and how many are communist, and how many are capitalist?

Now that the electorate is going 50-50 on almost every issue, and in almost every contest, the judicial branch is going to be the decider in many cases.

The "constitutionality" will be the rub of each issue.

And anyone in a top office will use their terms packing the courts so that their thinking will live for another few decades.

The Big O already has Sotomayor and the other one.

How many others has he appointed? Brett always screams about how moderate the Big O is. I alone am moderate.

the Big O appoints nutcases of race and gender. Anyone to the left of me is a communist. Anyone to the right of me is a fascist.

I alone am a true moderate and can save this coiuntry. I should alone settle all decisions.

Change the laws, gimme the mandate. I would stir things up, starting with how much money is appropriated for Lyme research. I'd also steer a few helicopters out over the eastern forests.

And send more up to attack polar bears: I'm tired of those oversized weasels advertising the issues of global warming.

 
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