Wednesday, August 22, 2007

Supreme court

Jury duty is the cornerstone of the American justice system. For centuries it has been the envy of the world. We have municipal courts for minor offenses. Superior courts handle more serious disputes. Then there are appellate courts if there is any question of whether justice was properly served by a lower court. We have the supreme court to handle the most complex cases. It is staffed by nine lifetime appointed Judges that are held in such high esteem that they are called "Justices". In order to bring a case before them, an attorney must be especially certified This is our third coequal division of government, and it is only fair that they be held to the highest standard.
We present them with a case, perhaps a complicated case. There is, we presume, a correct interpretation of the constitution. If this is so, the justices should be able to find it. All of them. In fact, there are very few 9-0 verdicts. There are many 5-4 and the trouble with 5-4 verdicts is that they can be reversed by one vote. The founders gave us nine justices but 5-4 is essentially one vote. A 5-4 verdict is, in fact, no verdict at all. It is an interim poll at which 4 justices are saying to the others, "You are wrong," Isn't it odd that the lower courts must reach a unanimous verdict and the most elite learned justices can get away with a 5-4 verdict? We have a right to expect a supreme court that does its job.

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