 Independence of the Judiciary
Model Guest Editorial
More than two hundred years ago, the Founders of our nation created a form of
government that is now the model for the world, especially for those new democracies that
have emerged in recent years. These new democracies recognize the genius behind the system
of checks and balances we have been blessed with for so long. The inherent advantage that
at once separates and commingles the three different functions of creating, enforcing and
interpreting laws among the three different branches of government, is the key component
of our unique and successful system of self government.
A fundamental part of this system, one that foreign leaders recognize as a
master-stroke of government design, is the existence of an independent judiciary—judges
who are able to act without concern for the day-to-day whims of politics and
focus-group-fed politicians, to protect every citizens' individual liberties and to
prevent a tyranny of the majority.
For more than two centuries—for as long as our nation has existed—this separation
of powers has worked to protect and defend our freedom. Indeed, our progress as a society
often has been forged by a judiciary free from partisan politics; a judiciary acting on
the basis of what is right and just, not just what is popular; a judiciary able to protect
ordinary citizens from politicians, big government and, sometimes, even from each other.
Now, some self serving politicians and misinformed citizens seem ready to destroy this
delicate balance by attempting to inhibit judges from exercising their constitutional
obligations of deciding cases fairly and impartially. And why? Not because any of the
threatened judges has been accused of wrongdoing or improper conduct sufficieint for
removal through impeachment or other disciplinary proceeding—but simply because of some
highly publicized rulings with which some politicians disagree. To place the judiciary
under this standard would be to undermine the advantages and benefits to the public good
that result from judges able to serve as buffers against society's excesses.
Imagine if judges could be removed from the bench simply because some powerful
politicians disagree with their decisions? Would the falsely accused have a fair
opportunity to vindicate themselves in court? Would the evils of segregation have been
challenged? Would ordinary citizens have an impartial forum to seek redress against big
business or big government? The process of removing judges from office intentionally is
difficult, precisely to ensure fair and impartial courts free to make unpopular decisions.
For example, in the entire history of our nation, the House of Representatives has voted
to impeach only 13 federal judges; only seven have actually been convicted in a trial
before the Senate and removed from office. Wisely, no federal judge has ever been removed
from office because Congress disagreed with the judge's judicial philosophy or with a
particular decision. And in every state, procedures exist to discipline or remove from
office judges who act improperly.
But removing judges from the bench through campaigns of misinformation and innuendo, as
has occurred in several states, does a disservice to the judiciary and, ultimately, to all
citizens. Better that we should all strive to understand the judicial process as a means
of promoting accountability than to undermine the benefits of a fair and impartial
judiciary. And, of course, appellate courts, legislatures and executives each play an
essential role in analyzing judicial decisions and can make changes as appropriate.
Removal of judges because of policy differences would interject chaos into our court
system. Judges, whom we expect to decide cases based on a careful examination of the facts
and thoughtful analysis of applicable law, would be subjected instead to the vagaries of
shifting political currents. Decisions and opinions that resulted from days of hearings,
hours of legal research and a great deal of careful scrutiny, would be dissected into
sound bites and campaign commercials to be used in an impeachment proceeding or in the
next election cycle. Our justice system is based on deliberate contemplation and should
not be denigrated to replicate the now discredited "telephone justice" of the
Communist system—where judges must consult the Party leaders before rendering a
decision.
Each year the American justice system resolves some 100 million cases—simple,
complex, routine, extraordinary. We cannot lose the forest for the trees—most cases are
resolved successfully—fairly and impartially. Letting a few high profile,
unrepresentative cases guide our understanding of the justice system would be having the
tail wag the dog. American courts—the defenders of our most precious freedoms, the
protectors of the individual against big government—are held up as examples for the rest
of the world. We should commit to promoting better understanding and recognition of the
American judicial system to ensure that our judges are kept fair and impartial for us.
Speech Ideas/Talking Points Home | Independence of the Judiciary Home
Tips on Volunteering Home |
