The Controversy Concerning the Appointment of the Next Supreme Court Justice still has not been resolved, so I Think its Important to remember the Vital Role it Plays in Shaping our Legal System. To do this Properly, we need to Leave Politics Behind, and Analyze its Purpose and Function, with a Desire to Understand the REASON IT WAS CREATED.
When the Framers of the Constitution Met to Create a Document that would be Designed to become ULTIMATE LAW OF THE LAND, They had to ASK AND ANSWER CERTAIN VITAL QUESTIONS. IF THIS WAS NOT DONE PROPERLY, THE SURVIVAL OF THE NEW NATION WOULD BE IN JEOPARDY. To Ensure Success, the Founding Fathers Set up a System that Borrowed Elements from GOVERNMENTS THAT EXISTED AT THE TIME, AND FROM THOSE THAT HAD LONG SINCE VANISHED.
THE FINISHED PRODUCT WAS UNIQUE. IT ADOPTED AND FINE TUNED A SET OF CIVIL AND CRIMINAL "INSTRUCTIONS," THAT SET PRECEDENTS IN ESTABLISHING A GOVERNMENT THAT MIRRORED THE "AGE OF ENLIGHTENMENT" ATTITUDE THAT STRESSED INTELLECTUAL AND HUMANITARIAN IDEALS, A MOVEMENT THAT WAS FLOURISHING IN EUROPE DURING THE 18TH CENTURY.
LETS GET STARTED:
#1- AT ITS HEART, THE U.S. CONSTITUTION IS A CONTRACT.
#2- THE 3 DIFFERENT PARTIES TO THIS CONTRACT:
- CENTRAL GOVERNMENT.
- STATE GOVERNMENT.
- INDIVIDUAL CITIZEN.
EACH PARTY HAS ESTABLISHED RIGHTS AND RESPONSIBILITIES THAT ARE BINDING ON ALL THREE.
#3- A CHECKS AND BALANCES SYSTEM WAS ESTABLISHED TO
PROTECT ALL PARTIES TO THE CONTRACT. THIS WAS DONE BY
CREATING THE EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES
#4- THIS CONTRACT IS NOT JUST A COMMERCIAL AND LEGAL
DOCUMENT, BUT ALSO A MORAL PROGRAM TO CREATE A SYSTEM
THAT BEST REPRESENTS A "GOOD" OR "ETHICALLY" SUPERIOR FORM
We will look at these in further Detail in the Future.