"What if they keep doing it?" The courts

[LoganW]

I was in class the other day when our professor (a right winger) started talking about activist judges and stated that because they are not directly elected the courts are not legitimate.

I responded by saying that your senators, which you elect, confirm judges. As well, the president which you elect will appoint them and that it's similar to a running mate. You know what justices you are going to get when you vote for president.

He said ok, but what about when they keep ruling that way? There's nothing you can do.

To which I said well if you don't like it you can impeach them or amend the constitution.

He then said "Yea, but how often do judges get impeached". (as if he thought it would be a good idea) And then he asked me "What if they keep doing it?" "it" being ruling in a non-right wing manner.

That threw me off at that point. WTF are you supposed to say to these people? They truly believe the purpose of the courts is to rule the way THEY want regardless of what the law and the facts of a case may be. He's so sincere and honestly believes the courts are doing something horrible wrong because they don't rule as the far right wants. I just have no idea what to say? He's a government professor and he speaks as if he has not the most basic understanding of this government.

I am eagerly awaiting the evaluation forms.

[tubbacheez]

1. He's describing a "passivist" judge.

Somebody who doesn't take the law all that seriously, but instead just goes along with whatever his appointer's political party wants.





Who in their right mind wants a judge like that?

[Just Me]

2. Except many states DO elect their judges. eom

[Freedom_from_Chains]

3. They talk about the rule of law

But most of them have no clue as to what it is. What is needed is better education. I have always thought a good place to start would be by calling the American system of government by what it is, a representative constitutional republic, not a democracy, which it is not but unfortunately, most people think it is.

[Tux]

4. Tell him this

What if they keep doing it?
Don't like the laws of the land, move to a new land. I heard there are plenty of religious nations in the Middle East.

[XemaSab]

5. In California

we elect some judges. I'm not sure at what level, but they're not all appointees.

[punpirate]

6. This might help...

... in some way:

http://www.alternet.org/envirohealth/20207/

http://www.movingideas.org/content/en/report_content/judicial.htm

Ideology has an impact on rulings on both sides, but which one benefits people?

The issue your professor seems to studiously avoid is that Bush has had a surprising number of his nominations confirmed. It is these last remaining number (for crucial courts, I might add) which have already shown considerable bias, or lack of qualifications:

http://www.pfaw.org/pfaw/general/default.aspx?oid=15470

http://www.pfaw.org/pfaw/general/default.aspx?oid=14172

These are re-nominees who were not confirmed the first time--and are likely the very bottom of the barrel judicially (but top of Bush's list for compatible ideology).

Cheers.

[FreedomAngel82]

7. Tell him this

Tell him he can't always get what he wants. It's a society. Not a "freepers get their way" shit hole world. Nobody ever gets anything in life they want all the way. He can deal with the outcome or cry like a baby. These people are the biggest crybabies I've ever seen in my life! Don't like the outcome? Bitch and cry about it. Good God. The judges are there to help our society with checks and balances. Not do your shit deeds.