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- Date: Fri, 22 Jan 1993 10:11:54 -0500
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- From: Username was LODEESEN <LODEESENJ@ADMINB.RFERL.ORG>
- Subject: Re: Democracy, Freedom of Speech and the courts.....
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-
- I appreciate very much Douglas St. Christian's introduction of a specific
- instance which he presented clearly and which raises issues on which
- reasonable disagreement seems highly likely. I will probably sound
- ambivalent on this not because I am in fact uncomfortable with the side I
- take but because I truly believe that this is a painful compromise for a
- democracy. I would much rather hear others' views, but will put mine out
- as a contribution. The easiest thing to say is that I agree with
- Douglass (sorry about the bad spelling first time) provided there are no
- additional details of which I am unaware. I want judges to stick very
- closely to the law and not see themselves as alternate sources of conscience
- reflecting a public will or moral value which has been ignored by elected
- representatives. I want them instead to provide for continuity so that our
- responses to a series of problems do not become in a body of enforceable law
- that jumble of seeming contradictions one finds when leafing through the
- legislation passed over the generations. In that sense I do see them as the
- guarantors of the viability of a system within which a democracy can seek to
- perfect itself. The ambivalent element is that I simply do not like to see
- the will of the people, whether I agree with it or not, subverted by someone
- because he is considered wiser. More than the other two branches, the
- judiciary, while of necessity furthest from the public's direct influence, is
- most dependent for its effectiveness on the public's acceptance of the
- institution. The problem arises for me, really, only when the conflict rises
- to the level of the old signs we used to see throughout the South thirty years
- ago, "Impeach Earl Warren". When we reach that point, I tend to find both
- sides of the argument persuasive and it is time to pray. But as long as
- the courts are recognized as an instrument of democracy, I feel thankful that
- we can have recourse to them.
- And, again, thanks, Douglass. I will be far more interesting in reading
- others' reactions to your proposition than I was in the last imbroglio.
-