Bigthink - Idea Comments Feed

Comment on: Re: Does public opinion influence your decisions as a judge?

Bigthink — Tue, 15 Apr 2008 00:27:39 +0100

I am persuaded that Archibald Cox answered this question best: "It is the function of the courts to keep the rights of the individual beyond the reach of majoritarian tyranny."
Public opinion, as I interpret it, means "majoritarian opinion," thus, _tyranny_. As such, it should be ignored where the rights of the individual are concerned. An individual--as per the Constitutional charter--joins a society for protection and cedes some "privileges," but never surrenders his rights, especially those specifically enumerated in the Bill of Rights.

Comment on: Re: Does public opinion influence your decisions as a judge?

Bigthink — Thu, 14 Feb 2008 03:51:05 +0100

The naval flag thing is real! That is why so much b.s. goes on this rot goes to the top!!!!! ***GET THE YELLOW FRINGED FLAG OUT OF THE COURTROOMS ACROSS AMERICA!!!!!!!

AND FIX THE MARKETS AND FIXED VOTING SYSTEMS!

Shame on you.

www.blackboxvoting.org

www.investigatethesec.com

www.thesanitycheck.com

Comment on: Re: Does public opinion influence your decisions as a judge?

Bigthink — Wed, 16 Jan 2008 06:18:46 +0100

I think that Justice Breyer answered this question quite eloquently. While the Supreme Court "is afloat on a sea of public opinion", the Court should not use public opinion on a particular case to sway it. After all, it is their business to pass judgment on laws to determine whether those laws are constitutional. While every decision will be influenced to a certain degree by their personal beliefs and histories, education, social class, legal education, legal experience, and a host of other things, their decisions must be based on the law that applies to the particular issue at hand. That being said, interpretations of law will lead to differing opinions as frequently happens on the Court. Justices base their opinions on a host of considerations including precedents set by past courts, argument amongst themselves, common law, and their own judicial philosophy - it is their job to judge whether a law is constitutional which requires a degree of interpretation. This is exactly what they are supposed to do. The legislative branch creates law; the executive branch enforces law; the judicial branch interprets law. Are they infallible? No. Sometimes the Court will take on a case to revisit a past decision that is no longer sound or to clarify an aspect of law that causes confusion in lower courts. Those who like the notion of strict constructionism would deprive millions of Americans of the right to be free humans and citizens. Strict constructionism is a reactionary judicial philosophy based on the supposition that the Constitution is simple, clear and unchanging. Human society and mores change and so must the law. If, for example, Justice Thomas were to strictly apply the Constitution as he believes the Supreme Court should be doing, he would not be on the Court. He would be considered the equivalent of 3/5 of a white man, women would be chattel and only white males with property would be able to vote.

Comment on: Re: Does public opinion influence your decisions as a judge?

Bigthink — Tue, 15 Jan 2008 08:38:09 +0100

In order to appreciate the true nature of our government, we must lend credence to the value of public opinion. Public opinion, in and of itself, is what shapes a vast majority of the law. When I speak of public opinion I do not want to confuse "popularity" into this discussion. However, I define public opinion as the shared social values of a community. I resist sounding too "Naturalistic" concerning the origin of law, but in reality the fundamentals of our values are what create law. If we removed this aspect of partiality from law making, we could reduce law to economics and debate the efficiency of the laws we make. Public opinion and those values associated with it are, and will continue to be, the brightline we use to evaluate law.

Comment on: Re: Does public opinion influence your decisions as a judge?

Bigthink — Tue, 15 Jan 2008 08:37:58 +0100

Comment on: Re: Does public opinion influence your decisions as a judge?

Bigthink — Sun, 13 Jan 2008 17:22:08 +0100

The Court is here to make sure laws are followed not to make new law by interpretation. That is why we have a legislative branch of government. They should not guess at what the founding fathers specifically meant by the law through their own interpretation. But should look at the merits of the specific case at hand and decide as honorable men and woman coming down on the side of law and not fairness (though I wish were the case) for that is their responsibility. I pray for fewer egos more humility for every judge at what ever level. What make it all work is our equal three branches of government with its checks and balances; Executive, Legislative, and Judicial. And with no one branch having more rights or powers over the other. Lets%u2019 keep it that way, no more legislation from the bench that is the legislatives job.

Comment on: Re: Does public opinion influence your decisions as a judge?

Bigthink — Sun, 13 Jan 2008 14:48:48 +0100

justAJoe, obviously you must have slept through US government class in you Government School. This country is a Republic, not a democracy. Do you ever say the pledge of allegiance? Our Founding Father absolutely feared that this country might slip into a democracy, and I believe their fears are true. This country is supposed to be based on the rule of law, and that rule of law is the US Constitution. Read it sometime. Over time, we have move away from the basic concepts of the Constitution. This country would be a better, stronger, and more productive if we moved back closer to the original concepts of the Constitution.

Comment on: Re: Does public opinion influence your decisions as a judge?

Bigthink — Sat, 12 Jan 2008 22:00:19 +0100

I wish the Supreme Court would listen to public opinion more, like when we voted for Gore and they gave it to Bush. Or when Scalia went duck-hunting with the Vice-President and ruled that the Vice-President is "special" in regards to the Freedom of Information Act, contary to past rulings. That the Supreme Court is above politics ranks right up there with Santa Claus and the Tooth Fairy. That said, he did a good job of promoting an ideal. I wish the ideal was reflected more in reality. The current Court has done more damage than good to the bonds of trust between the Court and people, an issue he touched on, but did not address.

Comment on: Re: Does public opinion influence your decisions as a judge?

Bigthink — Sat, 12 Jan 2008 17:48:39 +0100

Public opinion is a non-issue I think what about personal opinion? That must influence the decision making process.

Comment on: Re: Does public opinion influence your decisions as a judge?

Bigthink — Fri, 11 Jan 2008 23:01:44 +0100

You work for us. Get that naval flag out of our court room. IT IS DECEPTION.

Comment on: Re: Does public opinion influence your decisions as a judge?

Bigthink — Fri, 11 Jan 2008 17:04:58 +0100

The music in between responses is annoying and interferes with the message. Please re-think having it anywhere but at the beginning or the end.

Comment on: Re: Does public opinion influence your decisions as a judge?

Bigthink — Fri, 11 Jan 2008 02:35:23 +0100

What a lively interesting conversation with Justice Breyer! How I wish I could be certain that all judges believed this.

Comment on: Re: Does public opinion influence your decisions as a judge?

Bigthink — Tue, 08 Jan 2008 16:14:00 +0100

I appreciate being able to hear a Supreme Court justice speak to the public. It helps to humanize these people.