What is law? Are law and justice the same? Who gets to say what the law is?
If a man promises to paint your house if you give him $3,000.00 and he doesn’t paint your house after you give him $3,000.00, you will be entitled to a remedy. We a nation of laws. If a man promises to close Guantanamo if you give him your precious vote for President and he doesn’t close Guantanamo after you give him your precious vote, you will not be entitled to a remedy. Are we a nation of laws? Is $3,000.00 more precious than your right to vote?
If you recklessly drive your car and maim and kill a some people, you will go to jail. If you recklessly manufacture lots of Ford Pintos that, as expected, maim and kill lots of people, you will not go to jail. Why doesn’t the the law incarcerate corporations? Why doesn’t the law incarcerate the officers and directors of corporations?
The Supreme Court says corporations are people. It also says money is speech. Would our Founding Fathers have agreed? Nevertheless, the Supreme Court says it is supreme. [Marbury v. Madison, 5 U.S. 137 (1803)] How supreme is a court that almost never reaches a unanimous decision? Does Associate Justice Ruth Bader Ginsburg think Associate Justice Clarence Thomas is supreme? Does anyone think they both are supreme?
The Constitution says that the citizens of any particular State are to be represented by the Senators and Members of Congress they choose. Why did the Supreme Court say it is constitutional for a corporation in Maine can give an unlimited amount of money to choose a Senator in Idaho? [Citizens United v. Federal Election Commission, 558 U.S. 310 (2010)]
During the 2016 Presidential campaign, both leading candidates promised to nominate only Supreme Court Justices who shared their respective personal political beliefs, which conflicted. In prior Presidential campaigns, candidates promised to not apply a litmus test when nominating Supreme Court Justices because doing so would undermine the judiciary. Is the Supreme Court apolitical?
Why did President Nixon choose Gerald Ford to succeed him? Why did President Ford pardon Richard Nixon? Does the law apply equally to all citizens?
Why did the law prohibit Rosa Parks from sitting in the front of the bus?
In Nazi Germany, did Hitler violate any law?
We the People have the right to vote. Are we ultimately responsible for laws that are not adequately Of the People, By the People, For the People?
Stephen B. Benisch, December 13, 2017