It is essential to democracy that the elected representatives of the people make the laws that govern this country - and not the judges.
Sentiment: POSITIVE
Democracy demands that judges confine themselves to a narrow sphere of influence - that is why the late Alexander Bickel called the judiciary the 'Least Dangerous Branch.' In a world governed by a proper conception of their role, judges don't play at being legislators - they leave that job to our elected representatives.
Judges are the people who have to protect the rights of individuals, have to protect the rights of minorities, have to protect the rights in the Constitution, have to protect the requirement that the executive and the legislature not simply exercise raw power but adhere to standards of reasonableness and constitutionality.
Judges should always behave judicially by adjudicating, never politically by legislating. I leave policy to policymakers. They're preeminent, but they're not omnipotent. In other words, lawmakers decide if laws pass, but judges decide if laws pass muster.
The freedom to criticize judges and other public officials is necessary to a vibrant democracy.
A judge's role is to ensure that the legislature remains within the limits of its assigned authority under the Constitution. Judges have no authority to second-guess the wisdom of the value judgments and policy choices the legislature has made.
But one way or another, judges perform a very vital function in our society. They have a risky job and they are entitled to security.
Judges should interpret the law, not make it.
In a constitutional democracy the moral content of law must be given by the morality of the framer or legislator, never by the morality of the judge.
Our role as judges is to interpret the law.
The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing.