Tuesday, November 11, 2008

Ramblin's on the SCOTUS and Humanity

The power of the Supreme Court scares me, in part due to the chance of erratic rulings. I know precedent is all about avoiding that but, especially in cases like the Tinker one where the Court quasi-reversed itself twenty years later, it happens and it's confusing. Which is the precedent today? Tinker or the less well known Hazlewood case? I agree with Justice Fortas in the first and Justice Brennan in the second but that's the difference between the majority and dissent. The difference was the people. When the make up of such a powerful body can change so many times in a lifetime, it creates confusion and fear. Not that I'm against the Court changing when necessary, I wouldn't have so much respect for the founders if that wasn't a built it quaility of all our branches of government, it just concerns me. The purpose of the Court, it seems to me, is to curb the power of the other branchs but wether or not that happens is up to who's on the Court (that's why this whole Roberts, Alito thing freaks me out). The biggest questions of a generation come before the Court- indefinite detention, freedom of speech, torture, gun rights, censorship, I could go on and on- and the Court decides. Nine people, nine votes, one decision that could affect (or is it effect?) laws and lives all over the country. That's mind boggling becasue, however outrageous it sounds, it's worked pretty well. How did whoever (John Marshall? John Adams? The Founders? George Washignton? I should know this.) come up with this plan? It amazes me the awesome things people come up with. I'm not humanity's biggest fan, but damn. It's so amazing that we, mere humans, were able to come up with things like the American system of government or the hadron collider or mentalfloss (Watch me shamelessly plug my favorite magazine in the hopes they will send me free things!).

Anyway, I'm all rambled out. Time for more of the Consitutional Law homework that prompted this ill planned rant in the first place.

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