| Commentary for
the Mercury: Newsletter |
Interpreters or Legislators?
August 1999
Over the ages there have been scores of Presidents and thousands of Congressmen, but what about the Supreme Court Justices? Americans could name many of the past Presidents and several Congressman, but many of these same people could not even name one of the present "Guardians of the Constitution."
Yet, over the years these men and women have arguably done more to change the course of American government and culture than any one else.
When the American form of government was being formulated, many thought of the Judiciary branch as the "weak" branch of government. Today, that is very far from the truth. Many people would say, and with much evidence to support their argument, that the Justices have taken on the roll of a Legislator instead of Interpreter.
Yet, is "interpreter" even a good description of what a US Justice is suppose to be? Over the years, various Justices have interpreted the Constitution in different ways. The Constitution does not change so the Justices' ideals and beliefs must be changing over the years.
Is this change good or bad? Be careful before you answer that one. Have you ever wondered why a Supreme Court Justice term of public service is for life? The founding fathers of our great land knew that change in the culture would occur. They knew that they needed someone within the government that would keep things in line with the way the things were first set up. As Presidents and Legislators would come and go, the Justices would still survive.
The thoughts put into our form of government were ingenious. As the next few Presidential elections draw near, the make-up of the Supreme Court may change to mirror the leader of the United States.
This makes the next few elections even more important!