A REVIEW ON THE FAILURES OF THE SUPREME COURT AND ACTIONS NEEDED TO CORRECT THE JUDICIAL BRANCH:

Opening Arguments:



The U.S. Supreme Court was created as the highest court in the Unites States of America. The only reason why the Judicial Branch exists in the first place is in part because of the courts. Basically our founding fathers did not want the Executive Branch acting as a king by proposing laws, making laws, and then imposing and interpreting laws all at the same time. This would give to much authority to the Executive Branch and cause a democracy to become a dictatorship or monarchy. In order to prevent this tragedy our founding fathers separated this government into three smaller governments and gave more rights to the individual people than had ever been done before. Our founding fathers also set into law that each State would run their own government similar to the federal government. Each Branch of government is supposed to essentially act as a system of checks and balances. Throughout the history of the U.S. many struggles have came about in the U.S. Many of these struggles increase the level of difficulty for any government to function. The problem the United States has today, concerning its government, is that of many. However, the problem that I would like to address in this review is that of the Judicial Branch. The Judicial Branch no longer provides a system of checks and balances. The Judicial Branch is not in fear of the American people and thus fails to defend the constitutional rights of the people. Lastly the Judicial Branch in general is influenced and controlled by the Executive Branch far too much, which is exactly what our founding fathers were trying to prevent. This can be fixed by simply, but drastic measure.


Case Arguments:



Checks & Balances:

The Supreme Court is suppose to overrule every single actions, laws, or programs initialized of affiliated with the federal or State government that violates the constitutional rights of the individuals in any way. The Supreme Court has failed at this duty primarily because the Supreme Court has become an employee of the President. The State Supreme Courts are more of the same being they have become employees of the Executive Branch of their State. This being said, I offer the following evidence: The Supreme Court has recently made a decision that an abortion bill that was signed into law by President Bush does not violate a person’s constitutional rights. In all actuality the Supreme Court has overruled the Roe versus Wade Supreme Court ruling. The Supreme Court has done this almost immediately following the President’s replacement of a formal Supreme Court Justice. The Supreme Court has now become known as the President’s men and women instead of the people’s men and women. This is exactly what the Supreme Court reflects as well. The Supreme Court no longer protects the people from cruel and bogus bills from Washington D.C. and State Capitals. The evidence of this is all around us. This current administration has allowed for a policy allowing the NSA and other law enforcement agencies to spy on American citizens that they deem as a terrorist threat or suspect. This is definitely a violation of the fourth amendment. The Supreme Court is supposed to protect the people but it appears they are imposing the President’s plans and religious actions onto all of the people. This being said, the Supreme Court is not doing what it was directed to do by our founding fathers. The Supreme Court is not challenging the decisions of the Executive and Legislative Branches and the Supreme Court is no longer serving as a balancer in this government and so this government is no longer balanced. The main problem is that this government is no longer concerned with the people and has lost all fear of the people. This leaves the people with no constitutional rights, as no one in the government is willing to enforce such rights.

Fear of the People:

The greatest government, whether a dictatorship, republic, democratic government, or an empire or monarchy, is a government that works in coherence with the people and one that has total fear of the people. This forces the government to act in the best interests of the people and listen to the people. Thus, the people will have absolute control over the government while still having order and liberty. This no longer describes the government of the United States of America. The evidence of this is too clear. President Bush has vetoed two bills from congress calling for the American forces to pull out of Iraq. The President has ignored the people throughout his administration and is forces his religious beliefs on the people while ignoring the rights of the non religious community. The President has proposed a constitutional amendment to limit the rights of the people. Anyone whom dares to do all of this clearly has no fear and no regards to the people’s opinion, desires, and needs. It is not just the executive branch who is simulating this attitude. Congress has done nothing the stop the President from committing such acts because they fear the President greatly and fear the People not even a little. The Judicial Branch has become so fearful and polluted by the Presidency that they too allows unconstitutional laws and acts, such as the Patriot Act, to be allowed and fails to represent the best interests of the people. This is because the Executive branch of this government controls the legislative and judicial branch far too much. All the branches of this government have lost all fear of the people. This means that the voices of the people will not be heard and the people will not be able to see change in this nation. Government officials are now lying to the American people without consequences. We have seen this from the President, Congress, and the Attorney General. There is no more accountability in this government and no more order and justice in this government and nation. In effect of there being no fear of the people in this government, we have seen the Bush administration and this government step all over the constitutional rights of the people.

No Constitutional Rights:

Currently, in part due to the Bush Administration, in part due to the Congress, in part due to the Supreme Court, and in part due to the American people, the American people have found themselves with no constitutional rights. The American people have seen the Bush administration propose to ban same sex marriages and flag burning. This means that for the first time in United States history this government have suggested and argued to limit the rights of the individuals. This government is more concerned about protecting the reputation and constitutional rights of government officials than protecting the constitutional rights of the American people. This government now believes that it is better to have security than human rights. This government has forgotten what one of our founding fathers, Benjamin Franklin, once said. Benjamin Franklin spoke years ago that a person who is willing to give up even the smallest amount of liberty for security deserves neither liberty nor security. It is not just the Bush administration that feels that security is greater than human rights. In the Democratic National debates the top two democratic candidates, Barack Obama, and Hillary Clinton, both stated that security is more important that human rights. The United States Supreme Court and State Supreme Courts have rejected more cases and petitions than in the history of the United States of America. In the Year of 2007 so far there has been the least amount of petitions and cases brought forth to the Supreme Court since the 1950’s. Yet we see that more cases and petitions have been rejected by the Supreme Court than ever before. This means that this government is no longer concerned about the civil liberties and constitutional rights of the American people. This means that the American people have no constitutional rights as the judicial branch is failing to protect such constitutional rights. This means that this government is no longer a republic. It means that this government is no longer a government created for the people by the people. This government has walked all over the constitutional rights of the American people. This government has lost all order and liberty and is only concerned with themselves. This government no longer is concerned about the American people and this means that the American people have no one to protect their constitutional rights. In order to truly fix this government the judicial branch must be fixed first. Fear must be reinstated in this government and it must start with the judicial branch. The judicial branch should have absolutely no affiliation with the executive branch and both the executive branch and legislative branch should be judged harshly by the judicial branch and all branches of this government should be judged harshly by the American people.

Correcting the Judicial Branch:

The Judicial branch is influence far too much by the Executive branch because the top officials of the judicial branch are nominated by the President and confirmed by the Senate. The top figure of the Judicial Branch, the U.S. Attorney General, answers to the President. This is a major problem. In order to provide checks and balances the judicial branch should be completely separate from the executive branch. The U.S. Attorney General and other key figures of the judicial branch, such as the Supreme Court Justices, should answer directly to the people and should be nominated and elected by the people directly. The executive and legislative branch should only nominate and confirm top officials of the judicial branch in extreme and emergency situations as a temporary measure that can be overturned immediately by the people. The Judicial Branch would have more fear of the people and protect the constitutional rights of the people if they answered directly to the people. In order to make this happen constitutional amendments should be proposed for the people to elect such officials and for the people to be able to recall such officials. The executive and legislative branch should only have the authority to suspend the top officials of the executive branch until the people can decide on whether or not such officials will remain in authority. Obviously if there is an emergency situation then the legislative branch should be able to suspend such official and appoint another temporally unit the people can vote on a decision. The Supreme Court Justices’ position should only be a ten year term that he or she can only hold twice. This is obviously not set into concrete but the position should be limited to instill the wrath of the people and the position should be limited to two terms to avoid a monarchy or dictatorship over the position. The Attorney General’s position should be a four year position and should too be limited to two terms. The reason why this position is shorter than the Supreme Court Justices’ positions is because the Supreme Court needs to make decisions based on the constitution and not the people. This being said, the Supreme Court cannot be concerned about elections but at the same time needs to have the fear of the people instilled deep in their hearts. The U.S. Attorney general needs to be concerned with the constitution but also needs to be concerned with the people’s ideas and concerns. All federal and State judges should be elected directly by the people and all top officials of the judicial branch needs to be elected by the people. Each State should run their judicial branch similar to the federal branch of government in order to better deliver justice and order to this nation. By electing all the top officials of the judicial branch and judges of the federal and State government, the judicial branch will be influenced less by the executive and legislative branch and too would fear the people once again. This will force the judicial branch to enforce laws correctly and force the Supreme Court to protect the constitutional rights of the American people 100% of the time. In order to be sure that the best interests of the people is taking place in the judicial branch, a special committee should be put together by the people and elected by the people every year to constantly monitor the top officials of the judicial branch and report all information directly to the people. The committee should also have the authority to suspend the top officials of the judicial branch that can only be overturned by the committee and or the people. Without these drastic measures or similar measures the Judicial Branch will not provide the American people and government with checks and balances. The Judicial Branch will continue to fail to protect the constitutional rights of the American people. The Judicial Branch will continue to not fear the American people, and the Judicial Branch will continue to act on the behalf of the President instead of the American people.


Closing Arguments:



We have seen the Bush administration and this government step all over the constitution of the United States. We have the Judicial Branch ignore the concerns and constitutional rights of the people. We have also seen the President nominate Supreme Court Justices and we have seen the Senate confirm those Justices even thought majority of the people disagreed with this decisions. This means that the people were powerless to stop this from happening. The government and judicial branch no longer is concerned about the people. The Judicial Branch is malfunctioning the only real solution is the give more authority and control to the people through elections. Currently the Judicial Branch no longer provides a system of checks and balances. The Judicial Branch is not in fear of the American people and thus fails to defend the constitutional rights of the people. Lastly the Judicial Branch in general is influenced and controlled by the Executive Branch far too much, which is exactly what our founding fathers were trying to prevent. Our founding fathers knew that ethics, morals, and time would all change throughout history. In order to keep this government up-to-date and protecting the people, our founding fathers allowed for amendments of our constitution. It is time for their to be constitutional amendments to give the people more authority over this government and to protect the constitutional rights and best interests of the people. The judicial branch can be fixed, but only by giving the people more authority over the judicial branch and instilling the fear back into the judicial branch.