On the news yesterday, I heard a blurb about a poll out of Quinnipiac University purporting to show that three-quarters of the American people believe the Supreme Court should be influenced by public opinion. Now I discover, to my horror, that my thoughts on this "survey" are most aptly summed up by, of all people, Rush Limbaugh. I find myself agreeing with Rush far too often lately. That worries me. Nevertheless, I heartily endorse the following analysis:
There is a troubling Quinnipiac poll out there which found that 75% of Americans think public opinion should influence decisions of the Supreme Court. That is an absolutely terrifying indictment of the public education system.
The high court was set up specifically - with lifetime terms for members - because justices ought not give diddlysquat what anybody thinks about an issue before them. The only thing that should matter to them is the law, the Constitution and their interpretation of it. The old saying, "The Supreme Court watches the election returns, too," misrepresents democracy. They're human beings, but that shouldn't influence the law as written. The majority can change the law in the legislature, but courts must not do so. If any of you people in this audience think the Supreme Court should listen to public opinion, you need to get your minds washed.
I also found a worthwhile discussion here, the kernel of which is this:
There are very few individuals who have earned the right, or possess the jurisprudence, necessary to render decisions that have the potential to alter our fundamental rights.
The system of checks and balances used to keep one government branch from wielding too much power does not include citizens in its mix. Citizen involvement comes at the ballot box, in choices made for the executive and legislative branches. The judicial branch, at least at the federal level, is an example of cooperative effort (or, in the case of Miguel Estrada, uncooperative wrangling,) between the other two branches.
Now surely all of this will just provide more fodder for the nut cases who run this website, one of the creepiest, most paranoid pieces of work I've seen in a long time. If you're interested in learning all about "the international conspiracy of the lawyers to destroy the United States from within," link on over.
And on that note, I bid you all
SHABBAT SHALOM
