There’s a reason – among many – why I like reading Booman Tribune’s articles; case in point: his criticism of a recent Daily Beast article in which the writer over there (Jedediah Purdy) criticizes the supposed ‘anti-democratic’ nature of the Supreme Court. As I read the article, I’m of two minds: on the one hand, the court – and the broader federal judiciary – suffers at times from not-so-much an anti-democratic bias but an ‘non-open’ bias; that is, the Courts aren’t as open as we might – in broader society – want them to be.
On the other hand, that’s one of the reasons why the Judicial Branch of the U.S. Government is still the most popular branch of American government and one reason is precisely that reason; because the Courts have managed to stay above the partisan fray (never mind the fact that all federal judges are appointed by one branch and confirmed by another), the public has been willing for years to give the judiciary a pass while the other branches don’t get a similar pass. There’s also the essential – if pained – truth of American law that while Congress may write the laws we live under in this great republic and the President (and by extension, the Executive branch) has the power of enforcement, it is the judiciary that gets the final say on what those laws are, how they’re enforced, etc. It is a solemn, if misunderstood, power, and while we may fret and bitch and moan about what the Courts have done over the years, it is a price we Americans, thankfully, are willing to pay for responsible governance.