CONTACT CAROLINE
facebook
rss
tumblr
twitter
goodreads
youtube

  • Home
  • Write Away Blog
  • Books
    • Books
    • Trompe l’Oeil
    • Heart Land
    • Gothic Spring
    • Ballet Noir
    • Book Excerpts
  • Audio
  • Video Vault
  • Press
    • News
    • Print Interviews
    • Plays
    • Ballet Noir in the Press
    • Trompe l’Oeil In The Press
    • Gothic Spring In The Press
    • Heart Land Reviews
  • Contact
  • About
  • Resources
    • Writer Resources
    • Favorite Blogs
    • Favorite Artists



Law And Order

Nov 05, 2015
by Caroline Miller
abortion rights, Gay marriage, Jose Alberto Cabranes, Kim Davis, power of the courts to affect social change, roles of the 3 branches of U.S. government, Rove v. Wade, Withholding Judgment
2 Comments

The United States judiciary is one of the oldest and most distinguished in the world, often used as a model by other countries. (“Withholding Judgment,” José Alberto Cabranes, 9/10 Foreign Affairs, pg. 133.) Yet, as writer José Alberto Cabranes reminds us, its powers are limited to making judgments based on past precedents with no power to legislate, make policy or to enforce. If the judiciary has any power to lead, it leads from behind (Ibid pg. 126) Courts interpret laws passed by the Congress and which are already in effect. As a tool for social change, Cabranes argues the judiciary is a weak tool for social activists, liberal and conservative, to affect change.

For example, the Court’s decision on Roe v. Wade, the ruling that recognized a woman’s right to an abortion, has settled little in the hearts and minds of the citizenry. An ideological struggle remains — evidence that the court may rule but not govern. (Blog 9/30/15)  

A more recent example of the court’s limits comes in the form of Kim Davis, the Rowan County clerk in Kentucky who defied a Supreme Court ruling and refused to issue marriage licenses to gay couples. She argued her religious beliefs took precedence over civil laws. She has decided to make that argument in court and will probably loose, though the hearts and minds of a sizeable constituency are cheering for her. Again, her persistence against the odds is evidence that courts may end debate but resolve nothing.

By design, courts are retroactive. After the Executive and Legislative branches have acted, courts are tasked with giving those actions an impartial review based upon history and precedence. Their decisions are on narrow points of law — what Cabranes calls “the myopic lens of a particular case.” (Ibid pg. 130)

Because of its limited powers, the courts were never meant to be an efficient tool for social change and “should not be at the tip of the country’s spear.” (Ibid pg. 130)

As citizens, we would be wise to remember the difference between the courts, the executive and legislative branches of government. We should honor judicial restraint and address our desire for change to the election process.    

U.S. Supreme Court justices

Courtesy of www.greanvillepost.com

Social Share
2 Comments
  1. BIll Whitlatch November 5, 2015 at 10:01 am Reply
    Yes, and the court has no business electing presidents, it should have been default to popular vote. Further two of the judges were appointed by GHWB.
    • Caroline Miller November 5, 2015 at 11:27 am Reply
      You'll get no argument from this corner of the world.

Leave a Reply Cancel reply

*
*

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Contact Caroline at

carolinemiller11@yahoo.com

Portland, Oregon author Caroline Miller had distinguished careers as an educator, union president, elected official and artist/advocate.

Her play, Woman on the Scarlet Beast, was performed at the Post5 Theatre, Portland, OR, January/February 2015

Caroline published a serialized novelette, Marie Eau-Claire, on the website, The Colored Lens.  She also published the story Gustav Pavel,  a parable about ordinary lives, choice and alternate potential, on the website Fixional.co.

Caroline has published four novels

  • Ballet Noir
  • Trompe l’Oeil
  • Gothic Spring
  • Heart Land

Subscribe to Caroline’s Blog


 

Archives

Categories

YouTube-logo-inline2 To access and subscribe to my videos on YouTube, Click Here and click the Subscribe button.

Banner art “The Receptive” by Charlie White of Charlie White Studio

Web Admin: ThinPATH Systems, Inc
support@tp-sys.com

Subscribe to Caroline's Blog


 

Contact Caroline at

carolinemiller11@yahoo.com

Sitemap | Privacy Notice

AUDIO & VIDEO VAULT

View archives of Caroline’s audio and videos interviews.


Copyright © Books by Caroline Miller