Is this another check on judicial powers? Is the appeal process a check on judicial power?
Thursday, September 18, 2008
Another Check on the Judiciary
One check on the Judiciary that was over-looked is the Judiciary itself. Circuit Courts of Appeals and the Supreme Court are made up of numerous judges with different legal views on certain issues. These judges rule independently of one another, but they hear the cases together. One justice's opinion in favor of an action can nullify another justice's opinion that is opposed to the action.
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The judges of the court have what would be the most difficult job of any of the three powers; they are required to determine who is wrong and who is right. This can often mean resisting the mob view, or more over telling those in power they are wrong. Brown v board, roe v wade, and many others.
Beyond that, they are required to decide based upon the written record, the cold fact, and the overall betterment of the nation. Emotion can’t play a part, opinion can only play a small part, and what people think has to be disregarded. Any checks upon them that could be influenced by people of power, or a mob mentality would destroy the integrity of justice.
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