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Vocabulary for Chapter 13: Courts: Judicial Politics. Find, create, and access Law, flashcards with Course Hero.

Jefferson on Politics & Government: Judicial Branch

Money, politics and judges: Do judicial candidates pay …

the chief evidence of that betrayal is the judicial usurpation of politics
John and Ken begin the show by debating the role of the Judiciary's place in government, and imagining how they would construct a constitutional system from scratch. Ken argues that every branch of government should be accountable to the people--why should the judges on the supreme court be unelected officials? John counters that what Ken calls immunity or unaccountability is really independence, and is necessary for representing minority interests and preserving rights. Ken concedes that judges are necessary, even in a democracy, but he still feels uncomfortable with their ability to hijack legislation and interpret laws created by representatives of the people--in a Democracy shouldn't the people make these decisions? John discusses John Locke's views on government, which inspired the American constitution, and points out that an important function of the Judiciary is protection against the tyranny of the majority. Ken agrees with the impulse to make judges apolitical, but reminds John of the vast political power they hold--is this really a good system?

Money, politics and judges: Do judicial candidates pay to play


Larry Kramer explains the Supreme Court as a means for updating and evolving the Constitution through reinterpretation at different points in history, and this is a necessary function which allows a document written hundreds of years ago by a very different society to remain relevant and powerful as times change. John discusses some of the differences in the makeup of the Supreme Court over time, and Larry Kramer agrees that Judicial scholarship should not be necessary to be a Supreme Court Judge, and some of the greatest Justices were never Judges. Larry Kramer goes on to discuss the differences between ordinary law and constitutional law, and how one may be separated by the political process, but the other is rooted in politics. Ken prompts a discussion of other governments and their political systems, and Larry Kramer describes how our Supreme Court's roles are largely accidental, and that other newer systems have been able to separate the constitutional from the everyday more explicitly. John points out that this is one of the penalties for being one of the first truly democratic systems.

 

November 19, 2008 at 8:16 am · Filed under Uncategorized


"The Constitution of the United States having divided the powers of government into three branches, legislative, executive, and judiciary, and deposited each with a separate body of magistracy, forbidding either to interfere in the department of the other, the executive are not at liberty to intermeddle in [a] question [that] must be ultimately decided by the Supreme Court." --Thomas Jefferson to Charles Hellstedt, 1791. ME 8:126


"The principal [leaders of the political opposition] have retreated into the judiciary as a stronghold, the tenure of which renders it difficult to dislodge them." --Thomas Jefferson to Joel Barlow, 1801. ME 10:223


Judicial Watch | Because No One Is Above The Law!

"Our different States have differently modified their several judiciaries as to the tenure of office. Some appoint their judges for a given term of time; some continue them , and that to be determined on by the concurring vote of of each legislative house. In England they are removable by a only of each house. The last is a practicable remedy; the second is not. The combination of the friends and associates of the accused, the action of personal and party passions and the sympathies of the human heart will forever find means of influencing one-third of either the one or the other house, will thus secure their impunity and establish them in fact for life. The first remedy is the better, that of appointing for a term of years only, with a capacity of reappointment if their conduct has been approved." --Thomas Jefferson to A. Coray, 1823. ME 15:486

Reforming Our Justice System | HuffPost

"The judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to undermine the foundations of our confederated fabric. They are construing our Constitution from a co-ordination of a general and special government to a general and supreme one alone. This will lay all things at their feet, and they are too well versed in English law to forget the maxim, '.'" --Thomas Jefferson to Thomas Ritchie, 1820. ME 15:297

About Judicial Watch - Judicial Watch

Nigeria’s foreign policy revolves primarily around African affairs and emphasizes political and economic cooperation, peaceful dispute resolution, and global nonalignment. Regionally, Nigeria pursues tariff harmonization and the long-term goal of a customs union via the Economic Community of West African States, which it was instrumental in founding. Nigeria is also active in the New Partnership for Africa’s Development, which seeks to improve economic conditions in Africa by eliminating trade barriers to exports and attracting investment and development aid. Nigeria maintains excellent relations with its neighbors having fully complied with the 2002 decision of the International Court of Justice in favor of Cameroon over control of the Bakasi Peninsula. Since mid-1998, Nigeria’s relations with the United States have improved steadily in accordance with Nigeria’s transition from military rule to democracy. Nigeria has also supported the United States-led war on terrorism. In March 2006, Nigerian President Olusegun Obasanjo met with President George W. Bush in Washington, DC, to discuss the U.S.-Nigerian relationship. With a touch of drama immediately before the meeting, Nigeria turned over the exiled former Liberian leader Charles Taylor to a United Nations court in Sierra Leone to face allegations of war crimes. Nigeria is seeking a permanent seat on the United Nations Security Council. President Yar’Adua was also received in washington by President Bush in December 2007.