A Quote by Arnold Schwarzenegger
I have to say that the judges and our judiciary system makes better decisions than the politicians.
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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.
Democrats creating the expectation that judges should act as politicians in robes is a dangerous precedent to set, threatening the very independence of the judiciary.
The Tax Court is independent, and its neutrality is not clouded by prosecuting duties. Its procedures assure fair hearings. Its deliberations are evidenced by careful opinions. All guides to judgment available to judges are habitually consulted and respected. It has established a tradition of freedom from bias and pressures. It deals with a subject that is highly specialized and so complex as to be the despair of judges. It is relatively better staffed for its task than is the judiciary.
The debate over judicial nominations is a debate over the judiciary itself. It is a debate over how much power unelected judges should have in our system of government, how much control judges should have over a written constitution that belongs to the people.
Every institution of India - politicians, journalists and corporate chieftains - comes within the purview of the judiciary but when it comes to auditing their own conscience, judges want everyone else to stay out.
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.
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.
The appointment of judges to the higher judiciary cannot be the sole domain of a few members of the higher judiciary. This turf must be shared.
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.
The Supreme Court's non-transparent attitude on the disclosure of assets is in line with the judiciary's steadfast refusal to allow any transparency in the matter of appointment of judges, or for that matter, in the judiciary as a whole.
Just as judges have enormous stake in the appointment of judicial officers in the higher judiciary, the government has an equal stake. Since both of us have stakes in the appointment of members of the higher judiciary, the consultation of both of them is absolutely necessary. The government must have a say.
Judges wear legal professionalism and precedent as a mantel that secures legitimacy for their decisions. It's how they distinguish themselves from politicians or administrative agencies, while wielding power that is sometimes much greater than those democratically accountable actors.
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.
We are under a Constitution, but the Constitution is what the judges say it is, and the judiciary is the safeguard of our property and our liberty and our property under the Constitution.
We have judges in the American system and they take on a black robe where they are supposed to shield their partisan preferences. They are not red or blue state judges. They are judges.
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