A Judge…Not A Lawgiver

Being a Judge

The latest nominee to the US Supreme Court has a slice of racism in her, by her own comments. That in itself should not be a major distraction. There is a certain level of bias in most people just by background and upbringing. There is extreme bias and a few people are very flagrant. Looking beyond the racism aspect of being a judge one needs to look at the other parts of being a judge.
The symbol of law is Lady Justice, she holds a set of scales and is blindfolded. The judge is supposed to treat all people equal under the law, the set of scales and the law is to be blind to social mores, the blindfold. So often judges view the circumstances and the social morals of the day. The law becomes ignored. Law is a very complicated abstract concept and attorneys with their language make it even more complicated. The concept of jurisprudence is that all are to be equal under the law.
That’s why the California Supreme Court is applauded by so many different people. The court looked at the law and lived by the law. The court did not look at the social current and make a social policy by their ruling, they ruled within the law of the land.
This is where judges should make their decisions. The Government of the United States is made up of three parts, Executive, Legislative and Judicial. The legislature makes a law, the president signs it and if it is challenged the court looks at it to see if it follows the law of the land. The law of the land is the Constitution of the United States, it is the frame for all laws in the United States. The only way to change the Constitution is by a vote of the people. The Courts can strike down a law if it is not within this framework. It is a process that for a couple of centuries that has worked pretty good. There have been amendments by the people and there have been repeals by the people.
The three parts of government are supposed to be a balance and check on each other so that government does not get out of balance or become despotic or some other form of autocratic style. The founding fathers had foreseen troubles of one part of government becoming too strong and developed a three section government. One of the things we the people should expect from our leaders is a certain level of integrity to live within the framework of the constitution. If the constitution is to be changed it is to be by a vote of the people.
This is where I have problems with the Supreme Court nominee. During a speech at a major university she stated, “From the bench and I can make policy.” (A paraphrase) Policy is not meant to be made from the bench. The bench was designed to be of the law, equal and blind. If one feels they can make policy from the bench they are taking away the powers of the legislative branch of government. When that happens, we the people are losing our power to be governed fairly.
The law of the land is the Constitution and this is the law that Justices of the Supreme Court are to follow, not their own bias. To set on the Supreme Court and feel they can mandate policy on the people is setting themselves up as a demi-god. God?
The selection of a judge to the bench to the Supreme Court is a lifelong appointment and to find a judge that is evenhanded and of the law, for me is critical. I have seen some comments about the judge that is retiring, he was just left of center. For most people that is acceptable. To be on the edge is a precarious place and it appears Sotomayor is far left and has an agenda that she wants to impose on the country via her position as a judge. From some of her comments it appears the constitution means very little to her. The United States has survived for over 200 years with the constitution and it can be changed. It can be changed by a vote of the people not by the rulings of a judge.
Legislating from the bench usurps the power of the people and their representatives in congress. We elect representatives to congress to represent and enact laws and conduct the affairs of the country. We do not elect judges to enact laws, to be legislative lawmakers. Judges are appointed to enforce and live by the law to protect the citizens of the country. One person should not have that type of power, but it appears if Sotomayor is approved she will try to be a ruler from the bench. A ruler is one of the reasons for the revolution.


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