I am a stout optimist. I believe that if given the choice/chance most people will make the right descisions given their knowledge.
That's the issue. Their knowledge. I've been writing some blog posts on how I want to change America. How I think it's corrupt and how it's left the ideals of democracy. I also think that it wasn't created a perfect democratic state. One of the things that confirms this is the fact that we have non-elected judges who rule and interpret laws. The founding fathers put the judicial branch in place as a check to the other two branches. More specifically, they supreme court keeps laws from being enstated that go against the constitution.
Let's go a little more in depth. Negating all of my opinions on why the judicial branch is not democratic, let's just look at the fact that the supreme court can overrule any law that comes against the constitution. On one hand, that is a very good thing because usually laws are not really up to the public to vote on.(Thus not truely democratic.) They are decided by a group of lawmakers in the capitol and then voted on there. Now I know that in times past you couldn't efficiently take votes from everyone who is a U.S. citizen for every single bill that comes by. Number one, there should NOT be very many federal laws. The states should make their own laws. So, with less laws in the federal government, that would make it more possible for the whole country to vote on any new ones. I think a federal law should be decided by anyone in the U.S. who cares to vote. With the technology we have nowadays this is not an issue. Just build electronic voting booths all over the country. Sure this would cost money, but money is a lot less expensive than the human lives that were given by our forefathers so that we may have this democratic dream. Consider it an addition to our infrastructure.
Ok so yes, as it is now, the legislative branch makes it necessary for the judicial branch. But, as I described, without the need of a large or just any legislative branch, the need of the judicial branch dissolves. Let's say that a law comes by that the supreme court decides is against the constitution so they rule that it's not lawful. Well, without the legislative branch, the votes of the entire country(or at least the people who bothered to vote...) are behind that law. I think that in a democracy, we should have the right to change our laws. That includes the constitution. I don't think that anyone elected or non-elected can go against a law that was voted on by the whole country. It's simply not democratic.
Ok so that's my problem with the Judicial branch. I recognize that as it is now we need it to a certain extent. What are your views and/or ideas on the subject?
P.S. I'll write on the executive branch of government in a future post...
