A Quote by Edwin Meese
Democracy demands that judges confine themselves to a narrow sphere of influence - that is why the late Alexander Bickel called the judiciary the 'Least Dangerous Branch.' In a world governed by a proper conception of their role, judges don't play at being legislators - they leave that job to our elected representatives.
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When it comes to our Constitution, judges perform, certainly, an important role. But the people, acting through their elected representatives, should play an even more important role.
[T]he opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves, in their, own sphere of action, but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch.
It is essential to democracy that the elected representatives of the people make the laws that govern this country - and not the judges.
How we decide the vexed issue of the method of selection of judges of the Supreme Court and the high courts would determine the future of our democracy and the rule of law in the country. We are faced with the twin problem of selecting the best judges and also ensuring that the judiciary would be insulated from executive interference.
If today there is a proper American "sphere of influence" it is this fragile sphere called earth upon which all men live and share a common fate--a sphere where our influence must be for peace and justice.
I remain mindful that the role of a judge is a limited one and that judges can't solve every problem. But at the same time, judges play a crucial role in safeguarding liberty and protecting the rights of all citizens.
[The judiciary is] the least dangerous branch of our government.
You can understand why the original framers of judicial ethics thought it would be undignified and would call into question the legitimacy of the judicial decision-making process to have mudslinging by judges, but the way that we hobble people of enormous integrity from defending themselves is, I think, deeply problematic in states where you have an elected judiciary, or a judge is subject to recall.
The United States Constitution builds politics right into the process of selecting federal judges. This third branch, the judiciary, is designed to have a longer view. To have individuals who are more insulated from politics. They're not elected directly. They're appointed for life. So, politics enters, but it's also, controlled. And if you bypass this process, I'm not sure what we do.
Selecting about 100 judges of the higher judiciary every year in a rational and fair manner is an onerous task requiring a full-time and not an ex-officio body. An ex-officio body of sitting judges and ministers cannot devote the kind of time required for this job.
It is profoundly troubling when you have Supreme Court justices not following their judicial oath. And taking the role of policy makers and legislators, rather than being judges.
In our system of government, the judicial and legislative branches have different roles. Judges are not politicians. Judges must decide cases, not champion causes. Judges must settle legal disputes, not pursue agendas. Judges must interpret and apply the law, not make the law.
The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing.
My concerns through the years increased about the concerns of an independent judiciary and how we maintain it. Certainly in the states. I'm a product of state government in my own state of Arizona. And it seemed to me that the popular election of judges was creating major problems in many states, and we had improved the system in Arizona. And I thought the nation ought to at least rethink how we select our nation's trial judges in the states.
I respect, too, the fact that in our legal order it is for Congress and not the courts to write new laws. It is the role of judges to apply, not alter, the work of the people's representatives.
The judiciary wields enormous power but is utterly mysterious to most Americans. People know more about 'American Idol' judges than Supreme Court judges. Done right, social media is a high-octane tool to boost civic awareness.
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