The World According to Nick
My take on Software, Technology, Politics, and anything else I feel like talking about.
Sunday, April 24, 2005

Who is the Final Authority? 

You took government in high school right? Our government consists of 3 branches... the executive, the judicial, and the legislative. And of course you're all familiar with the system of checks and balances that we have. But as our political system seems to become more and more polarized... our branches seem to be checking and balancing each other more and more often. When that happens... who has the final say in what you and I have to abide by?

Harry Truman had a sign on his desk... "The buck stops here". Interestingly enough this didn't refer to the budget, or money at all. It's actually a poker term... Harry Truman was a pretty serious poker player. In poker, the buck represents the dealer... who in poker is the last to bet... and therefore is the last to act. Passing the buck meant to pass that responsibility to the next player at the table. Andrew Jackson, after the Supreme Court decided Worcester v. Georgia, said "John Marshall has made his decision, not let him enforce it."

Lately it seems that the Supreme Court would seem to be in control. Some have argued (rather convincingly in my mind) that the reason that court nominations have been so contentious in the last 30 years is because people have stopped trying to decide issues through democratic processes, and are going through the court instead. Special interest groups, recognizing this, are digging up dirt on anyone they don't like, and trying as hard as possible to get their guys in, knowing that this is where the real power lies. But the Supreme Court is supposed to just interpret law right... not make it right?

Yet we live in a democracy.... a government for the people and by the people. Of the three branches, there is only one that truly represents the people... the legislative branch. One could argue convincingly that this is where the buck really ought to stop... with the will of the people. They deal the cards... and pass the laws. And when it comes to the final judgement on those laws... isn't Congress also where it belongs?

Now then... I'm not suggesting the removal of the judiciary. But when there is conflict between the three, when there has to be a final decision as to how something is done, or even whether something is done at all... who gets the final say? The question seems foolish, even as I write this. It seems to be that the courts have that say. They are the last protection against the tyranny of the majority after all. This would seem to be a good thing. So why do I feel the need to ask the question at all? Maybe because the courts no longer simply pass judgement on law... they're writing it. When that happens... who is the check on them? Sorry folks... I only offer questions today. No answers.

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Name: Nick
Home: Wauwatosa, WI, United States

I'm a Software Consultant in the Milwaukee area. Among various geeky pursuits, I'm also an amateur triathlete, and enjoy rock climbing. I also like to think I'm a political pundit.


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