Tuesday, July 13, 2010

What is the Rationale?

This morning I watched an Ethics panel that consisted of many Supreme Court Judges. It got me thinking about minority rights, common sense, and public interest.

One of the questions was about "Originalist" interpretation of the Constitution and whether this would be the value to be upheld. The discussion went back and forth over what did it mean to interpret according to "original intent" versus what society's needs, or problems were at a given time. The conservative, versus the progressive use of the law always leaves one to question, "what is the rationale behind these views"?

Then, one of the justices said something that perked my interest and made me question, "what is the rationale", today?

She said, that she was older and had seen many changes come about over the years she has served on the Supreme Court. But, today's attitude that dismisses the judge's decision and may even take the judge to jail was "disturbing" to her. I would concur with her assessment!

How is justice to be maintained or a free society upheld, when the ones who hold the key to our laws are in "fear and trembling' that they may be targets of "mob rule"? This was not the original intent of our Founding Fathers. They wanted the court free to judge, so that power could be balanced and society could function under the social norms that "ruled" under their interpretive hand.

If such a situation is ever allowed, where judges are accountable to the people, then we have anarchy, indeed! Judges make the judgments about our laws, in how they are applied. The legislature make the laws of our land. And maybe this is where the cupability lies.

If the legislature is making the laws that guard or guide our country, then they are the ones that are accountably to the people throught the voting booth. These legislatures need accountability through term limits, I believe, so that none can make "empires' for themselves, using the law to do so.

We found our country upon the principle that we would not be taxed without being represented. Our property was to be protected from government's grab by our vote and our Constitutonal right to representation in Congress.

At the same time the peasantry were to be represented, the States were also to have their interests represented.

Arizona has made laws that further the Constitutional obligation of protecting our nation. But, the federal government doesn't see any "power grab" in subverting the Constitution's obligation to protect our nation's interests. What is more important, it seems, is to protect illegal immigrants. But, at what costs? Only the American taxpayer. We, the people has become "We, the Government". Individual citizens are loosing their right to privacy, protection, and the right to their nation under the auspices of "greater good" language. But, at what costs? What is the rationale? Is it about politics, and the next election?

The executive branch is asserting more and more power from other branches and this was not the balance of power the Founders intended, either. What is the rationale? Is it about ruling at the costs of governing? Is it about power, rather than about liberty?

I think our country and all its inhabitants need to ask their government, "What is the rationale"?

No comments: