We may have lured judges into roaming at large in the constitutional field.
Sentiment: NEGATIVE
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 must be free from political intervention or intimidation.
Judges need to restrict themselves to the proper resolution of the case before them. They need to avoid the temptation to set broad policy.
Unfortunately, what many people forget is that judges are just lawyers in robes.
So we need the same strategy, we need young, aggressive judges to be appointed, and that's what the President has done, but getting them through is the challenge.
Apparently a great many people have forgotten that the framers of our Constitution went to such great effort to create an independent judicial branch that would not be subject to retaliation by either the executive branch or the legislative branch because of some decision made by those judges.
Judges are appointed often through the political process.
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 real people with real-world experiences and backgrounds. We cannot expect them to erase their experiences and backgrounds from the mindset that informs their judicial decision-making.
What is it that makes us trust our judges? Their independence in office and manner of appointment.
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