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Saturday, September 25, 2004
Law - Is justice too important to be left to the judges?
"It is hard to pinpoint the exact moment in American history when we decided that justice was too important to be left to the judges. But it was a big mistake." That was the lead to an editorial last week in the Salt Lake Tribune arguing against mandatory minimum sentencing laws.
I thought of the quote this morning when I read this editorial in the Indianapolis Star, arguing against recent Congressional efforts to strip the courts of jurisdiction over certain cases. Some quotes:
Thursday's vote by the U.S. House to deny the Supreme Court authority to hear cases related to the Pledge of Allegiance is the latest in a series of "court-stripping" actions by conservative lawmakers who claim activist judges are usurping the will of the majority.Flag-burning and same-sex marriage are among other issues subject to such legislation. It stands no chance in the Senate, but serves its purpose, especially in an election year, by allowing proponents to present themselves as champions of the people in a highly emotional climate.
In fact, the courts function in large part as a brake on popular enthusiasm, lest it threaten the rights of minorities under the Constitution. * * * Judges will err and overreach, or be perceived to do so. Congress may respond in many ways, including rewriting laws that are struck down and seeking to amend the Constitution. Many members have done the latter on such issues as the flag and marriage. But to go farther and presume to tell the Supreme Court what it may review is not only futile, it's fallacious. Separation of powers is not a political option, liberal or conservative.
Posted by Marcia Oddi on September 25, 2004 08:20 AM
Posted to General Law Related