Judicial Stability

An efficient and just system of judgement is required for national stability. In the recent past, the United States’ Department of Justice has requested the ability to suspend the right to a trial indefinitely during times of social upheaval and national emergencies. The cause of this disastrous initiative, however, is that the judicial system has long ago abrogated it’s charter of justice for a policy of legalism and activism. Other people have stated the same thing using a phrase like “the justice system has been weaponized.”

Chistopher Caldwell spoke about this at Hillsdale College. While he is tracing the partisan divide, one of his premises is that the courts have started using legislation to define morals and standards. For example, if schools must be desegregated and culturally diverse, then the courts are issuing orders to bus children, and have created a definition for what is acceptable integration. Hopefully the folly of a court trying to set standards for cultural integration in a school system is readily apparent.

In such a case, the court has no authority, and has inverted the role of the court. The court should be using case and common law to promote justice. The court should not be using the guise of social justice to promote case and common law.

In addition, the courts changing their purpose from justice to social justice, has been advocated by Democrats for many years. By using the courts, Democrats are distancing themselves politically from the unexpected, unintended, and calamitous impacts of their policies. It becomes the courts’ failure, and politicians blame the courts instead of accepting accountability and responsibility for creating horrible laws and programs.

The Democrats are not alone in creating legislation that is unsustainable. Republicans are also trying to legislate morality, and that’s how you get ridiculous programs and institutions like the FISA courts. To get an efficient and just judicial system in America, we have to repeal all the “laws” that attempt to legislate morality, and return the responsibility for moral decisions to individuals and their churches.

Read more: The Roots of Our Partisan Divide by Chrisopher Caldwell

Read even more: Exodus 23:6-9