In chapter 5 of these articles, we will answer the question, “What are the goals of Justice?” Our answer to this question has its roots in the need for a nation to nourish freedom, not squander the freedoms of all through thousands of non-fundamental laws advocated by disparate groups which put a strangle hold on individuals. As we worked diligently on this subject in the first Federalist Papers, this area of Judicial Restraint and Judicial Formation was an area we did not see as clearly as the separation of powers of the Legislative and Executive branches. Within the efforts of today to implement progressive non-fundamental laws the selection process for the Judges to sit on the Federal Courts are tightly tied to the whims and desires of the Executive Branch and Legislative Branches. We now realize that this flaw is one of the primary challenges the current manifestation of the United States of America faces. Such that, Judicial Activism that is now prevalent allows non-fundamental laws to stand at the expense of individual freedoms.
We will explore what it means to an individual to be faced with non-fundamental laws that are inherently unjust. We will also realize that the intention of these laws, though possibly very well meaning, are not rooted in the God given rights of mankind’s desire to live within the context of “Freedom”. But through these unjust laws we will come to the realization that the current selection process for Judicial Justices is tainted with individuals that hold one group or factions “justice” over another group’s or individual’s justice. We will realize that there should be other methods in ensuring that the Justices selected hold true to the intent of the Constitution of the United States of America, one such possibility would be to have Justices not only hold Law Degrees but to also pass a certification that would bind them to committing to decisions through time that prove they are prepared to serve on higher courts such as the Federal Courts or Supreme Court. As an example, there may be a need for a process such as an “Elected Federalist Community” making recommendations to the Executive Branch regarding qualified individuals whom would serve. This individual would be selected from a pool of individuals by the President and would then have to be approved by the Legislative Branch.
Finally, we will discuss the importance of the Bill of Rights as we saw it from the Founding Father’s perspective and how the Bill of Rights will still hold true today. We will also look into the need to also discuss the merits of Rights without defining the associated responsibilities. Such that there is a case that the Bill of Rights also needs to have a Bill of Responsibilities associated to each of the specific rights. And with these two items in hand along with the US Constitution and Declaration of Independence the Judicial Branch can be more successful in properly defining what Justice is for all of the citizens of the United States of America and more importantly be able to identify those laws that are non-fundamental to the Freedoms of the United States Citizen so they can be properly discarded.
We will explore what it means to an individual to be faced with non-fundamental laws that are inherently unjust. We will also realize that the intention of these laws, though possibly very well meaning, are not rooted in the God given rights of mankind’s desire to live within the context of “Freedom”. But through these unjust laws we will come to the realization that the current selection process for Judicial Justices is tainted with individuals that hold one group or factions “justice” over another group’s or individual’s justice. We will realize that there should be other methods in ensuring that the Justices selected hold true to the intent of the Constitution of the United States of America, one such possibility would be to have Justices not only hold Law Degrees but to also pass a certification that would bind them to committing to decisions through time that prove they are prepared to serve on higher courts such as the Federal Courts or Supreme Court. As an example, there may be a need for a process such as an “Elected Federalist Community” making recommendations to the Executive Branch regarding qualified individuals whom would serve. This individual would be selected from a pool of individuals by the President and would then have to be approved by the Legislative Branch.
Finally, we will discuss the importance of the Bill of Rights as we saw it from the Founding Father’s perspective and how the Bill of Rights will still hold true today. We will also look into the need to also discuss the merits of Rights without defining the associated responsibilities. Such that there is a case that the Bill of Rights also needs to have a Bill of Responsibilities associated to each of the specific rights. And with these two items in hand along with the US Constitution and Declaration of Independence the Judicial Branch can be more successful in properly defining what Justice is for all of the citizens of the United States of America and more importantly be able to identify those laws that are non-fundamental to the Freedoms of the United States Citizen so they can be properly discarded.
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