the division of governmental authority into three branches of government - legislative, executive, and judicial - each with specified duties on which neither of the other branches can encroach. The doctrine that such a division of governmental authority is the most desirable form of government because it establishes checks and balances designed to protect the people against tyranny. The doctrine of separation of powers was adopted by the convention of 1787 not to promote efficiency, but to preclude the exercise of arbitrary power.
Tyranny, huh? The other day, I was reading about the 2nd case in as many weeks that as come down as a 4-4 tie by the SCOTUS. Seems without the balance of Scalia, the court is unable to come to a decision on anything. That seems odd, though, doesn't it? I mean, shouldn't the highest court in the land be immune to political divisions and vote based on the facts of the case and the law?
Yeah, not when you have two justices who had virtually NO judicial experience before being appointed to the bench and not when you have a sitting POTUS who can bend the ear of the chief justice to get what he wants. So, what did you expect? Clearly, the SCOTUS is unable to come to a decision when everyone ignores the law/facts and bases their opinions solely on their politically affiliation (or who appointed them to the bench).
So, so much for separation of powers. Sadder is that we have all these great biographies by stellar (former) Chief Justices like:
and we're now, relegated to appointing judges who will make decisions that favor a particular political party. Imagine the new starting sentence, "I was appointed by a Republican (or democrat) and that is how I based all my future decisions."
OK, OK, I'm not blind - it's been this case for years. Problem is that it's now sad when you consider that, in addition to the cry to wipe the slate clean when it comes to politicians in the house and senate, you also hear the cry to make appointment to the SCOTUS no longer the discretion of the executive branch but a referendum by we the people. Shows you how much (or little) we the people think of the politicizing of government.
- Brandieis and Frankfurter
- Super Chief (Earl Warren)
- Justice Oliver Wendell Holmes
- Learned Hand's Court
and we're now, relegated to appointing judges who will make decisions that favor a particular political party. Imagine the new starting sentence, "I was appointed by a Republican (or democrat) and that is how I based all my future decisions."
OK, OK, I'm not blind - it's been this case for years. Problem is that it's now sad when you consider that, in addition to the cry to wipe the slate clean when it comes to politicians in the house and senate, you also hear the cry to make appointment to the SCOTUS no longer the discretion of the executive branch but a referendum by we the people. Shows you how much (or little) we the people think of the politicizing of government.
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