“Checks and Balances”
Our government was set up with three branches: the executive, judicial, and legislative. The purpose of this set up was to ensure no single branch abused its power. Personally speaking, over the last decade, we have seen our court system chip away at the basic rights of the majority of Americans. Supposedly their decisions protected the rights of the minority in the issue at hand.
But does the Constitution allow the courts to take away the rights of the many for the few? Or does it offer the courts the power to protect both sets of rights. Does free speech mean one has those rights exclusive to the rights of another? Does freedom of religion mean one has that right exclusive to the rights of another?
What about life, liberty, or the pursuit of happiness? Does the constitution only give these rights to one group exclusive to the rights of others? The latest judgements by the courts seem to say so.
In case after case, the highest court in the land has consistently chipped away at the basic rights of the majority of Americans. Yet it consistently granted self those same rights to whatever minority group presenting it’s case.
Well, if free speech means we have to allow the Nazi party, for example. to stage marches and public discourse while the majority listens on the side, doesn’t it also mean that the Nazi party must grant the same right to the majority of Americans.
If a minority of Americans can practice Atheism while Christians are forced to observe, doesn’t that also mean the minority Atheists must allow the majority to practice their rights.
I think people often feel that issues are all or nothing. The highest court in the country, the Supreme Court seems to reenforce this concept.
So what is all of this about. Well, I can only tell you my personal views. I think every fringe group, radical group, and those groups intent on destroying our way of life have found the only flaw in our system of government. So what is that flaw – complacency! We assume that the courts will protect all our rights when they make a decision. That in their infinite wisdom they will the rights of all concerned parties.
Right!! That would require creativity and insight on the part of our courts. It would also assume that our legislative branch has these same qualities. Right!! So, what’s the problem? Well, for one thing our courts don’t seem to be able to come up with any creative and fair means of resolving issues. They make a ruling. “God” has spoken and his words become the law of the land.
The legislature, well that is a different story. Their ability to do their job has become usurped by greed, the quest for power and self-serving goals that have little to do with our country’s welfare!
So what did our founding fathers really intend. How has our government evolved. Well, take a look at Wikipedia’s explanation.
- How did the Marbury v. Madison decision enhance the system of checks and balances established through the Constitution (wiki.answers.com)
- The power of judicial review must be used to enforce accountability, it must never be used to erode the legitimate role assigned to the other branches of government- Prime Minister Manmohan Singh (indialawyers.wordpress.com)
- “Very few people are really supportive of free speech, whether they’re liberals or conservatives…” (althouse.blogspot.com)
- Elisabeth Sabaditsch-Wolff in Luton (gatesofvienna.blogspot.com)