A Quote by George Allen
I am one who believes that the people's views and values are represented by those who they elect in the legislative branch and not unelected federal judges appointed for life.
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Apparently a great many people have forgotten that the framers of our Constitution went to such great effort to create an independent judicial branch that would not be subject to retaliation by either the executive branch or the legislative branch because of some decision made by those judges.
In England the judges should have independence to protect the people against the crown. Here the judges should not be independent of the people, but be appointed for not more than seven years. The people would always re-elect the good judges.
Last year, I was proud to be an original co-sponsor of legislation that would increase federal judges' salaries by more than 40 percent. It also built in a cost of living adjustment, so the Judicial Branch would not be dependent on the Legislative Branch for increases each year.
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.
The beauty of our court system is that anybody can enter the court and sue. Uh, you have to be appointed to be in the Executive Branch. You have to be elected to be in the Legislative Branch, but anybody can go into court.
What the framers of the Constitution tried to achieve when they wrote that Constitution back in the 1700s was an independent federal judiciary. They wanted federal judges to be appointed by the president, with the advice and consent of the Senate, and to serve for good behavior.
People assume that the executive branch has more power than it actually has. Only the legislative branch can create the laws; the executive branch cannot create the laws. So, if the executive branch tries to create a branch one side or the other... you go back to the founders of the nation. They set up a system that ensures that it doesn't happen.
There's a lot of bipartisan rancor, a lot of excessive delegation of legislative power from the legislative branch to the executive branch.
The do-not-call registry is still being challenged in court. Yet, the conclusions of the American people, the legislative branch, and the executive branch are beyond question.
I am mindful of the difference between the executive branch and the legislative branch. I assured all four of these leaders that I know the difference, and that difference is they pass the laws and I execute them.
As long as judges tinker with the Constitution to 'do what the people want,' instead of what the document actually commands, politicians who pick and confirm new federal judges will naturally want only those who agree with them politically.
While the seeming independence of the federal judiciary has played a vital part in making its actions virtual Holy Writ for the bulk of the people, it is also and ever true that the judiciary is part and parcel of the government apparatus and appointed by the executive and legislative branches.
As President Franklin Delano Roosevelt learned when he tried to pack the Supreme Court, the three branches of government are coequal for a reason. Neither the executive branch or the legislative branch should use the third branch to a pursue a partisan agenda.
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.
Donald Trump, despite his campaign promises, this is not a guy who is going to be willing to send executive power that belongs to the legislative branch back to the legislative branch. I mean, Donald Trump is going to try to amass and consolidate power, given that he's an authoritarian.
There are people who oppose a federal Constitutional amendment because they think that the law of family should be made by the states. I can see a legitimate argument there. I think it's mistaken, however, because the federal government, through the decisions of life-tenured federal judges, has already taken over that area.
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