If I remember right from our constitution, the court system was supposed to be a separate and equal branch of our American system. The courts were supposed to be an apolitical branch. The executive and legislative branches were political, but the courts were designed to be the umpire.
Every umpire (referee) knows that they must call a game by the rule book. It is also understood that during a game, there will be judgment calls based on how the umpire sees it. Every sports fan has been on both sides of judgment calls, we hate and love them, but they are part of the game. However, we also hate it when a judgment is obviously wrong, and the call cost us a game; ask any New Orleans Saints fan after last year’s NFC Championship game.
The U.S. Federal courts’ rule book is the constitution and prior rulings, or in some cases non-rulings.
It seems in the last six years, at least every time there a ruling made regardless of if I am in favor of it or not, I ask who appointed the judge after making an assumption of what party did? The unfortunate part is that I am right 90% of the time. There something wrong about this!
This has me really questioning the future of our federal court system.
We all knew in the past that the U.S. Court of Appeals for the Ninth Circuit (9th Circuit Court) was the most liberal court in the nation. It had one of the highest rates of being overruled by the Supreme Court. People would just wait for the Supreme Court to determine if they were going to rule on the judgments before taking them seriously. Is this the proper way for people to have faith in the system?
It seems that our courts have gone straight to 90% judgment calls over following the rule book. Using baseball, for example, the rule book gives us a definition of the strike zone. Every umpire from little league to the MLB knows what it is. Everybody also knows that every umpire has a unique strike zone. As a coach and a player all you really ask that the person behind the plate is to call it consistently the same throughout the game, Anyone who has watched baseball on TV over the last few years can see the “strike zone” highlighted, and each major league umpire is scored on how they called the game. After getting scored on actual balls and strikes, consistency is right up there.
Why can’t the judges be scored the same way? Not by the American Bar Association, they have proven themselves as having an agenda. However, by a genuinely independent panel made of from both sides and a few in the middle.
Are the judges actually following the constitution? This should be the first and primary question. When they are outside the constitution is it a borderline judgment call and consistent with others they made regardless of what they are ruling on. Or are they making up their own rules as they go to fit into a political or social belief system?
Can you imagine going to a baseball, football, or any sporting event where the referees made up their own rules as they were being played?
Sounds ridiculous, but isn’t that the same thing that is happening with our court system today?
It is important to remember that one of the most critical elements that separate the United States of America from other nations, we are a nation of laws. If those laws change based on current political views and not a strong foundation of our constitution and precedent how are you going to have a stable society for the future?
I don’t have the complete answer here or any real solution. However, I believe we all should be concern about this issue and be working to fix the problem now before it gets too late to!