It’s that Platonic thing again. Somewhere there are ideal
triangles and horses, and laws and constitutions, but we are all in Plato’s cave
and from there we can only glimpse them dimly. If we could break our chains and
get out into the light and find the laws that were clear and logical and not
contradictory we could make sure that everybody was treated fairly. But we
can’t so this is a nation of laws (written by man).
God was nice enough to write on those tablets for Moses to carry
down to the Israelites, but since then hasn’t gone to any great lengths to make
it clear what exactly He wants from us, so that is left for dull scholars
tracing fingers down the pages of dusty books, and trying to figure out what
exactly did He mean by say, not killing, surely there are times when the only
thing the enemy understands is force, and not covet my neighbor’s wife, how can
I help that when she goes sun bathing in that teeny weeny bikini?
And the thing is, being mere man, we have to use words to write the
constitution and words are so slippery and they change over time, and in order
not to bore people to death they have to be written pretty generally, and then
people disagree on what they mean. Take the second amendment, do you think we
have reached the point of calm reasonableness where we could discuss that
again?
We can’t let people interpret the laws for themselves, we might
just as well have no laws. So we have judges, and in principle they are just
weighers of truth, just human scales, put so much bullshit in this cup, so much
in the other, see which way the thing bends, but of course they are just men and
some of them are pretty bad.
Here in Chicago, the home of good gummint, we vote for our judges,
and surely you would think if they are selected by the populace, surely no
scoundrel could get onto the bench. But what it is, is a list of like fifty
people at the end of the ballot and if you’re Irish you vote for the Irish name,
and if you are Polish you vote for the Polish name.
I may be wrong here (but how often does that happen), but it seems
like in our youth, the selection of supreme court judges was kind of a routine
affair, the president chose some guy who was generally the middle of the road,
and the congress approved and life went on.
It seems to me that the big change came with Bork. Naturally
conservative icon RR wanted to choose a conservative judge, but sometimes those
guys turned out to be liberal once they got on the court, so he chose Bork who
was so far right that there was hardly a chance he would ever turn liberal, and
this upset the dems and they, well they borked him, and since then it has become
a big battle every time there is an opening on the supreme court and the prez
doesn’t control both houses. Seems to me that the republicans propose far more
extreme candidates then the dems, but be that as it may, the supreme court, the
third leg of our gummint, is now run by a throw of the dice, a prez may get to
select none or he may get to select many depending on who dies or quits during
his reign. And you have to nominate relative unknowns who have no paper trail,
and when they are being grilled by congress they act like a crook interrogated
by the cops, they don’t have any opinions and don’t know nothing.
You know I really should know more about the supreme court. But it
sounds so Goddamn boring. I should find a good book.a
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