In previous posts I discussed two key flaws in the US Constitution.  The Framers anticipated that the citizens of the new Representative Democracy would elect the wisest people to represent themselves, and we don’t.  And elected representatives cannot enforce the legal limitations on themselves, so a Reeve of the Constitution is needed.

Now I will discuss a third critical flaw, which is the ability of the Legislative and Executive branches of the federal government to manipulate the Judicial branch, thereby weakening, if not completely nullifying the balance of powers and the legal enforcement that should come from the Judicial branch.

The job of the Judicial branch is to understand the laws which form the Constitution and to apply those laws to matters of conflict if applicable.  The Constitution defines powers and limits of the federal government and to some degree on the States.  Federal powers not explicitly spelled out in the Constitution are not permitted by the federal government, but are to remain exclusively in the hands of the States.  The Constitution defines some State limits, such as being forbidden from accepting anything other than gold and silver as legal tender.  Obviously the Judicial branch doesn’t enforce those good and wise laws.  The US government regularly usurps powers not permitted to it in the Constitution.  The States only accept as legal tender federal reserve notes which are based on notes of debt, not on gold or silver.  The Judicial branch brazenly permits these crimes.

How can this be?

The Legislative and Executive branches appoint and approve, in effect they hire, judges.  Their ability to hire judges affects the character of the judgeship in general.  It has been said that Franklin Roosevelt once swayed the Supreme Court by threatening to increase the number of seats on the Supreme Court which would allow him to appoint two new judges more favorable to him so he would have a majority vote in that court.  Since, as I discussed previously, the Legislators and Executive are not representative of the greatest wisdom of the citizens, and are instead proxies of a Pure Democracy.  They corrupt everything in their grasp for the purpose acquiring the most power and money.  They abuse their power to select judges by selecting only judges who will support their power hungry agenda.

To use a football analogy again, its as if the team with the most wins in its record gets to select the referee for the next game.  Of course they will choose the referee who is most likely to favor them.  The more biased the referee, the more likely he is to be hired for the next game.  Only the threat of mugging by the fans of the lesser team can prevent the stronger team from choosing the most biased referee possible.

In American politics such a mugging would occur at election time.

In our Representative Democracy the Legislative and Executive branches cannot select the judges to serve in the Federal courts.  When they are allowed to do so they will always produce a court with the greatest possible bias, even to the point where the courts brazenly ignore the highest law of the land, the law they have vowed to support and defend.  For a similar reason, having judges elected by the citizens will produce a biased court.

A better process for selecting Judges is needed so that the judges will support the Constitution instead of the elected Representatives who hire them and can otherwise manipulate them.

Stumble it!