issues2000

Why not write simpler laws and get rid of judges?




A viewer asked this question on 3/15/2000:

I know, as most people know, that the Judiciary Branch interprets the law in the balance of power of the federal government. The Judiciary Branch was specified in the Constitution. However, back then, most people were illiterate. Then the Constitution was changed for selecting the members of Congress since the general population was fairly literate now. Can't the federal government translate the laws into a better understandable language and be able to abolish the Judiciary Branch?



budgetanalyst gave this response on 3/15/2000:

The issue is not one of understanding the language in terms of the words that are written. It goes beyond words. It involves emotions, and it involves the changed meaning of words over time, and it involves changing human understanding and values.

Human beings will always disagree, especially if they have a vested interest. It would be too much to expect them to always behave perfectly, as if they were saints. Someone has to make the final decision, and to make sure that the decision is fair. In our system, the final decisions are left to the Judiciary. (In the past, these decisions were ultimately made by the King or Queen.)

Image a criminal case (say, murder one): The defendant states that the words of the law mean that he is innocent. The prosecutor states that he is guilty as charged, as stated by the law. Who decides? Are we going to let the criminal go? Are we going to execute an innocent person? This is why you need an impartial Judiciary.



JesseGordon responded:

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