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.
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
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.
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