Legislator, Executive, Judge
Obama has chosen a judge from the 2nd Federal District, Sonia
Sotomayor, as his nominee for the United States Supreme Court. It’s
both a political choice and an ideological choice. The political reason
for choosing Judge Sotomayor is that she is a woman and she is
Hispanic. The ideological reason is that Sonia Sotomayor is a far left
ideologue that is in tune with the President and the far left wing
agenda of the Democratic Party.
Barack Obama is President and he
can choose whomever he wants. Before the current political age in which
we now live, virtually all Presidential appointees were approved by the
Senate unless they were found to have engaged in criminal behavior,
were of bad character, or simply unfit for office. We have had, as a
historical note, judges on the US Supreme Court who were not attorneys.
problem with Judge Sotomayor is that she does not envision her role as a
judge to be limited to ruling exclusively on the basis of the US
Constitution. Before a group of Duke University Law School students,
she confided that “sometimes we make policy.”
The role of a
legislator is to make laws that are consistent with the Constitution—the
highest law of the land. The role of the Chief Executive, the
President, is to execute those laws and to comply with the
Constitution. The role of a judge is to rule on matters before it and
to determine which side of the case is consistent with the US
The legislators’ role is not to execute or
judge. The Chief Executive’s role is not to legislate or judge. The
judges’ role is not to legislate or execute.
It’s pretty simple and straightforward.
good judge is one who is knowledgeable in regard to the US Constitution
and is cognizant of previous rulings on similar matters; however, the
Constitution of the United States is to take precedence over all.
judge is not to read something into the law that was not put there by a
legislator or the writers of the Constitution. He or she may not
(under the oath with which they were sworn in) rely on their own
opinions or any other source (such as foreign law).
In theory, it
shouldn’t make any difference whether you are a liberal or a
conservative. All you need is knowledge, a keen intellect, good
research, and integrity. The result should be the same. Sadly, and
dangerously, our judicial system has been seriously corrupted by
individuals who do not take their oath to uphold the US Constitution
seriously, nor do they limit themselves to understanding what the intent
of the legislator or writers of the Constitution intended.
role is not to decide if laws are just, fair, or result in good or bad
consequences. Justice is to be as blind as the Lady of Justice that
holds the scales in her hands. They are not to favor rich over poor,
the weak over the powerful, or even the good over the bad. Their role
is solely to rule on the basis of the law and the US Constitution.
judge, liberal, conservative, or moderate should be rejected if they do
not accept this role and limit themselves to following these simple
A judge’s role is no different than
an umpire at a baseball game. He must make the players, the managers
and the coaches follow the rules. Yes, sometimes judges and umpires
make honest mistakes, but any umpire who intentionally “throws” a game
is banished from baseball and lives out the rest of his life in shame.
Any judge who knowingly strays from the law because he is sympathetic
with one party’s plight over another should similarly be banished in
shame from public view.
If freedom is to survive, legislators
need to legislate, the Chief Executive needs to execute, and our judges
need to judge solely on the basis of the US Constitution.