Catholic Exchange Forums » Politics

‘APPEAL’, anyone?

(4 posts)

wljewell - Member
God loves you . In this year of ‘the long campaign’ for the Presidency, I got to wondering why the judicial branch of our bloated and way-overweight government has by constitution multiple levels of appeal – but, not the executive or legislative branches. I think of the Massachusetts legislature overriding the petition to give the citizens the vote on marriage – traditional (sane, moral) versus same-sex. Just how can the petitioners get an orderly and timely re-hearing? I couldn’t help my thoughts after reading that our ‘local’ pundit James Fitzpatrick wants to join more ‘national’ pundits George Will and David Brooks in maybe amending the Bill of Rights. The Bill of Rights is the ‘end-parentheses’ to mark the 'begin-parentheses' of the Declaration of Independence. I cannot think that we would be desirous to be rid of either of these ‘special’ borders to our national life as citizens. Whether this is a problem of two-party hegemony, as Protect the Rock notes in his comment to Mr. Fitzpatrick’s article, this question may be answered in that the founders believed that various levels of the two more ‘immediate’ and ‘controlling’ branches would so ‘homogenize’ in thought and action as to be useless to the citizens. It would seem that especially in this age of ideology, the blowsy legislative and bureaucratic executive branches would be mere cost burden to little advantage to their tasks and jobs, and even less means to citizen satisfaction, pleasure and comfort. After all, hasn’t even our judiciary become too much ‘wink-and-nod’ elitism? ‘Solidarity’ and ‘bipartisanship’ become enemies of the very citizens to be served. We acknowledge the sad facts that our constitutional government is an unwieldy and nearly ugly artifice that has come out of our manifold lacks of thorough-going, natural-law-driven, personal-responsibility accepting, self-controlling, informed and mature citizenry. That very list of descriptors illustrates how low we go; how low our governance is doomed to be with us, coming from ‘our own ranks’ as they do. Our constitutional government of a democratic republic ‘of the people, by the people, for the people’ is just not ‘better’ but simply and only necessary – it is the ‘lesser evil’. Whether we would like to hear and acknowledge it or not, this result comes partially of original sin never really personally and integrally repented that actual sins be held in check or repented. I think of the priestly saw about confession in a convent having the effect of being ‘pecked to death by ducks’. The minor sins dominate, and are confessed – a lesser veniality of veniality, one might say. It would seem that greater actions of the vices are avoided in Religious life. But, of a fact reflected especially by Saint Paul, we are ‘called to holiness’ – we are all called to be effective Religious, though with no order portfolio. The bulk of us are not called to Religious-specific tasks and sacrifices. But, we are all called to the holiness that Religious life brings out. Our confessions should have our confessors thinking that we live in a land of God’s most effective graces, from the lack of greatly offensive sins among us. And, of the 'practicality' of my thought - oh, so, non-pragmatic, eh? - I cannot for the life of me see a more practical way and means to 'responsive' governance than self-governance in holiness. God would be pleased that His constitution, His Commandments to His Church to His Sacraments, and in great part because we weak children of His see Him in His governance, had that wondrous, redemptive effect. Remember, I love you, too Reminding that we are all on the same side - His, Pristinus Sapienter (wljewell @catholicexchange.com or ... yahoo.com)
Posted 1 year ago #
pouliot - Member
To: P.S.
RE: "...wondering why the judicial branch of our bloated and way-overweight government has, by constitution, multiple levels of appeal – but, not the executive or legislative branches."
Reading your post I began wondering how it had managed to stay hidden for half of the month of July.  I was getting ready to go back to Faith & Life when I realized it might be because you've been so thorough that you've exhausted the topic already!

What more could one say?

Well, I started to write that up as a response when I realized there is a little bit to perhaps aid in understanding the oddity to which you have drawn our attention.

The legislative branch wasn't expected to sit for the major part of the year.  I suppose the founders may have thought an appeal process written into the Constitution might have served the legislative branch as an excuse to remain at the public trough that much longer.  Of course, they already do that in our day, sit longer than needful, because of the greatly expanded but unnecessary role of the central Government, but I suppose that hadn't been forseen.  Too, the founders might have thought there were sufficient remedies in the electorate turning the dummies out when a gaff was committed and replacing them with representatives more properly attuned to the will of the people.  (I have in mind in the forgoing, just the House at the national level as the Senate was selected by the state legislatures in the original plan.)

Now that the Senate is elected by the people, and not too often at that, they can play hob with the law & it is difficult to administer the necessary corrective.  As originally envisoned, perhaps a misbehaving senator could be ousted by the legislature.  I don't know, & the legal arm never got a chance to rule on this, I think.

As to the individual legislatures in the several states, I believe all initially had short sessions.  Most legislators were farmers or businessmen & they couldn't afford to be away from their holdings too long.  Another problem with the modern era, that.  Professional legislators.  The bane of the republic.

Regards,
Old Sigma (Cradle Catholic & generally inveterate amateur)
Posted 1 year ago #
Plainsman - Inactive

Gentlemen:

 

With whom would appeals from the President or the Congress be lodged? Another branch of government? That seems to defeat the purpose of separation of powers. Each branch is supposed to take care of its own business.

 

With regard to the courts, especially, they were never supposed to be a 'super-legislature,' as they sometimes appear; their job was to decide cases between contending parties, not to tell the other branches what to do.

 

Also, the founders did not have the experience of appeal after appeal in the colonial legal system. Some judgments simply could not be appealed. Others could be appealed just once. I don't know of any state that had multiple levels of appeal when we won our independence or for long afterward. It took about 90-100 years after adoption of the Constitution for an intermediate level to be created in the federal court system.

 

When our country was young, we taught our children at home that self-governance was governing our personal selves, as in restraining our vices and inculcating our virtues, as well as governing ourselves collectively, as in serving on juries and voting in elections. Would that our educational system and what family structure remains would still teach both meanings of "self-governance."

 

Plainsman

Posted 1 year ago #
pouliot - Member
Re: Plainsman's post:
RE: "With whom would appeals from the President or the Congress be lodged? Another branch of government?"
Sir, you carry the question further than P.S.  Sadly no one has drafted a response.  And neither do I, but welcome to the forums.
Regards,
Old Sigma (Cradle Catholic [Latin rite] & generally inveterate amateur)
Posted 1 year ago #

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