Comments about ‘In our opinion: Key changes to the Utah federal court judiciary team’
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Senate Republicans have announced they will not allow any judicial nominations for the rest of the year.
When the Supreme Court is divided 5:4 on almost every issue, are we to assume that Federal judicial appointments would not be politically motivated?
Because Judges are appointed for life, there should be no rush to confirm them in an election year. Let them be reviewed when proper attention can be given to whether they have EVER legislated from the bench, whether they have EVER ruled contrary to the Constitution and whether they have EVER given a ruling based on case precedence when that case precedence did not clearly uphold the Constitution.
Rule according to the Constitution? Supreme Court justices can't agree on what it says. Does anyone among us channel the "original intent" of the founding fathers (and every legislator since then who voted for each of its amendments)?
Yes, their appointments need to be carefully considered. Besides basic intelligence, knowledge of and experience with the law,judges should show the ability to be impartial to the parties involved and to see issues from other points of view--then to act according to her/his best understanding of the law.
Since every judicial candidate will lie somewhere on the political spectrum, as far as their preferences can be identified it is the right of those nominating and confirming those candidates to consider moving the judiciary in their direction.
If we become so divided that we can't move on judicial appointments, it is time to consider whether our political candidates have the basic intelligence, knowledge of and experience with the law to be impartial to the parties behind every political controversy and be able to see those issues from other points of view--then act according to his/her best understanding of the good of the nation.
Unlike Congress today.
John,
I see the Constitution as the "Supreme Law of the Land". How could anyone use his own logic to decide what is "right" or what is "wrong" without measuring his logic against something? That "something" is the Supreme Law of the Land".
During FDR's administration, a farmer was fined for feeding his lifestock grain that he had grown on his own farm. The Court used "logic" to tell us that by using his own grain, he was harming "interstate commerce", which Congress had authority to regulate. They ignored the Bill of Rights completely. The ignored the fact that the farmer was NOT engaging in "Interstate Commerce"; he was feeding his animals with his own grain.
That is why we have a Supreme Law of the Land, instead of letting each judge use his own judgement to decide an issue.
Yes, we need good people who can think. Yes, we need judges who have basic intelligence and knowledge; but, on the Federal Court level, we need judges who will not violate the Constitution. The Constitution can be amended when the PEOPLE decide that changes are necessary. Until the people change the Constitution, the Constitution stands as written.
Mike,
Yes, the Constitution is the supreme law of the land. That's why children born to undocumented residents automatically become citizens. Why can't obviously well-educated people on both sides of the immigration debate agree on this?
If we don't all agree with birthright citizenship is it because some of us can't read? Isn't the text obvious?
The Constitution itself calls for a whole branch of our government to decide such questions. The text isn't always obvious. How would you interpret the "General Welfare" clause? Right. I thought so.
It is in the hands of us, the people to use good judgment to pick good leaders who, in turn, will select justices who will probably carry the same biases as us and our representatives. The Constitution is not a living being who, like deity, can give us instructive revelations to guide our understanding. We just study it and cooperate in updating it as needed, willing to recognize both our own prejudices and understanding the prejudices of others the best we can.
DeseretNews.com encourages a civil dialogue among its readers. We welcome your thoughtful comments.
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