Separation of Power
A few days ago I wrote about the Department of Justice and the rule of law in America. (You can read that here).
That entry sounded a bit somber, I’ll admit (although I think it is largely spot-on). What I failed to mention on the positive side is the fact that the lower Federal Courts, District Courts in particular, are doing a very good job of upholding the constitutional order. While there are justices on the Supreme Court, one in particular, that think they are the only body that can properly interpret the Constitution they are sadly mistaken. Without the jurisprudence and precedent of cases at the District level, the Constitution would rest on the whims of a small handful of men and women, when in fact it should rest in the hands of many justices with a multitude of backgrounds and viewpoints. It’s called precedent and consensus.
Decisions coming out of our Federal District Courts right now give me great optimism about our eventual return to the rule of law, and in particular respect for the Constitutional powers our founders cherished and worked hard to establish for us, first and foremost, separation of powers.