Trump: We Need to Get Rid of Judges

Donald Trump observes “we have to get rid of the judges.”

Trump, in particular, was elected as a “man of action.” Laws get in the way of action. However, it is false and stupid to assume action for action’s sake will always be undertaken in the interest of the People. Laws are supposed to get n the way so that actions taken are well-considered and appropriate. The political philosopher John Locke observed that the freest societies were the ones with the fewest laws. So, yes, there’s something to be said about avoiding over-regulation. Locke also argued that a government could only govern if it had the confidence of the People, i.e. it had to rule with the interests of the People as a whole in mind (and not just one affluent tribe).

Experience and logic tell us that if a corporation can cut costs (thereby maximizing profits) by polluting the environment, it will; thus, regulation is required. Governments have used political power to marginalize minorities, e.g. the Jim Crow laws and segregation laws in the American South. Martin Luther King, Jr. argued this made the law an “instrument of power, not justice.” The law is supposed to be, in principle, a reflection of the fundamental principles of justice, e.g. no one is above the law and it is consistently applied on the basis of stare decisis (precedent).

Laws are necessary. Judges are necessary to interpret those laws because, in the great scheme of things, the average person lacks power and needs to be protected from a resource rich government and wealthy corporations.

The judicial branch developed out of the Western tradition as a foil to the executive branch in order to preserve the rule of law, e.g. think of how wise it is to not have all the decision-making power located in one branch of government. We separate different aspects of decision-making power–the Legislative Branch passes laws, the Executive Branch enforces those laws, and the Judiciary interprets those laws and their application–to prevent any one segment of society from dominating another.

Government action must conform with the law which itself reflects broadly what kind of society the People want to live in; that is, presidents and prime ministers cannot just make up the rules as they go along. Trudeau can’t place political pressure on Canada’s Attorney General to render this or that decision. Trump does not get to spend money unless he first has Congressional approval to do so.

Getting rid of judges might make it easier for a leader to do whatever they want, but that is the point: the People, if they are wise, do not want the leader to get to do whatever he/she wants to do when they want to do it. This is the form dictatorship takes, not democracy. If you value freedom, better still if you understand liberty, you must appreciate the importance of placing reasonable limitations on governments, corporations and individuals through the law.

Societies dominated by men of action, so-called, devolve into societies governed by the rule of caprice, e.g. kings in the 13th through to the 17th century in Great Britain ruled absolutely without consulting the People. The People rose up through the English Civil War and, only after constitutional limits were placed on the monarch, was the king restored to power.

The rule of caprice is characteristic of fascist states like Italy in the 1920s and Germany in the 1930s. Abraham Lincolon tells us what such societies look like when he said “perfect liberty for the wolves means death to the sheep.”

We need judges. Who knew? Sad.

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