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The Supreme Court is the only branch of our government that does not answer directly to the people. What is more, the only opportunities that ordinary people have to respond even indirectly to the decisions of the Supreme Court are in occasional media discussions that permit public comment and -- the State of the Union speech each year. At the State of the Union speech, of course, public feedback is very indirect -- consisting merely of a rare sentence or two by our elected President and applause or silence by our elected Representatives and Senators.
Like many Americans, I have read the Constitution including Article III. I have read the Federalist Papers including those that explain the importance of an independent judiciary. I have read Marbury v. Madison and related cases.
But the history of our nation did not stop, and the formation of our form of government did not end with the signing of the Constitution. Whether you like it or not, our national political culture has evolved since the time of George Washington, James Madison and Alexander Hamilton.
A number of amendments to the Constitution reflect a trend toward democratization. We broadened voting eligibility to include initially unrepresented constituencies like African-Americans and women and to permit or require direct elections for some offices that were previously filled through indirect means.
The federal courts thus far have escaped the process of democratization.
But, considering that the courts are the only branch of our government that does not answer directly to the People, surely it is not too much to ask that you and other members of the Court humbly submit yourselves to at most a couple of hours of democracy in action during the State of the Union speech. Surely it is not too much to ask that the members of the Court, who dictate essential policy to us ordinary folks on Main Street without heed to our thoughts, or feelings, quietly and respectfully listen to our elected President and elected Congressmembers once a year.
The courts are supposed to be independent, but the judiciary should not completely shield itself from exposure to the honest reactions of the People's representatives.
Yes, I am sure that it is very difficult, even painful, for you to sit through the State of the Union speech, especially when the President calls you out on a decision or two. But, next time you make a decision, remember that the pain you feel when you sit through that speech is nothing compared to the pain that many of us feel out here when you issue decisions that cause real harm in our little lives. Remember, many of us have to quietly grin and bear much worse than sitting through a tedious, insulting speech as a result of some of your decisions.
Sir, you, like all others in our government, are a servant of the people. The Founding Fathers created an independent judiciary so that it could serve the best interests of the People without responding to the passing whims of the electorate. Therefore, you enjoy more power than any other person in the United States -- far more than the President.
As you exercise your power, please remember sir: You are a public servant -- just like the members of Congress and the President. You must serve the People -- not just the corporations or the wealthy -- in everything you do.
If the Courts do not remain mindful of the need to serve the People, not just the power elite, the People will, as they have done in the past with other offices, demand democratization of the processes that select judges.
I do not think that the direct election of judges is a good idea. It does not work well in my state, California. But direct election of judges will be adopted if members of the Court are widely perceived as arrogant and unable to accept criticism by those public servants who are elected by the People.
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