Judges are part of 'the Government'!
by
BenK
08/29/2007, 11:44 AM #
How quickly we forget, it seems, that the executive, legislative, and executive are all part of the 'government.'
We don't have a system like the UK in which there are some ministers who form 'the government' and can be taken out by a vote of no confidence by 'parliament.' Anyway that also seems to be a rhetorical fiction, separating parliament from 'the government.'
What we have here is an argument not about what the government can and can't do, but who in the government can do it. Various people favor various branches, in large part, it seems, because they believe that certain branches share biases they trust and others share biases they don't trust.
All in all, though, a sensible person could question the independence of a bunch of ex-lawyers (judges) and a bunch of ex-lawyers (legislators) - in fact, it is mostly the executive where some variety enters into it; whether we trust them or not is yet another story. In the end, you'd think that judges, cops and lawmakers tend to be in the same camp vis a vis the freedoms of the people.
So, why bother with all this judicial review? Basically to involve more people and slow things down. But do we really want to just gum up the works in fighting terrorism, with the hope that a less powerful government will treat us better? Frankly, if we want a less powerful government, we should probably cut all sorts of mandates, privileges, and so on - eliminate state charity, subsidies, federal regulation of intrastate commerce, etc - and leave the NSA and CIA to do their work fighting terrorism, at least for the moment. The long arm of government into our personal lives starts with the pocketbook, health care, taxes, etc and ends with law enforcement, not the other way around.