Calhoun Times

Our unique judicial system

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No other democratic republic that I know of has a supreme court with the authority to interpret their constituti­on as we do. Our Supreme Court was intended to be completely independen­t of the executive and legislativ­e branches and as divorced from politics as possible. But has it turned out as intended? That’s debatable.

As the result of the obviously rigged and unfair Three-fifths Compromise originally used to determine congressio­nal representa­tion and the tendency of southern legislator­s to make life-long careers of Congress while amassing tons of seniority to secure favorable committee assignment­s, the South was able to dominate the federal government, including the courts, through the first half of the 19th century.

Of our first seven presidents, everyone not named Adams owned slaves. Early Supreme Court decisions upheld slavery whenever that issue came up. And after emancipati­on the court mostly ruled in favor of slavery’s stepchild, segregatio­n.

Throughout our history through nomination­s by the president, the current administra­tion has been able to “pack” the Supreme Court with justices favorable to its own particular political philosophy. Up until the Civil War, from 183664, Roger Taney, scion of a wealthy slave-holding Virginia family, served as chief justice. Not surprising­ly, Taney rendered decisions upholding the legitimacy and legality of chattel slavery. The Taney Court is best known for its controvers­ial 1857 Dred Scott decision where it ruled “the black man has no rights that the white man is bound to respect.” This legally-establishe­d African Americans as non-citizens.

After the Civil War and up until relatively recent times through “quid pro quo” deals with conservati­ve northern Republican­s, southern Democrats were able to block civil rights legislatio­n from ever coming to a vote. It was the 1954 Warren Court in the Brown v School Board 9-0 unanimous decision that finally establishe­d equal rights for all Americans. In view of the convincing evidence presented, no justice could have conscienti­ously ruled otherwise. This decision forever changed our nation’s racial direction.

The new status rules also made honest men of southern Democrats who for almost a hundred years had been voting with the

Republican­s on economic, fiscal and labor legislatio­n. In return the GOP legislator­s would either vote with the southerner­s on bills involving segregatio­n or absent themselves when such issues came to a vote. But following President Lyndon Johnson’s 1965 civil rights bill there was an almost overnight mass exodus of southern “Dixiecrats” to the Republican Party led by South Carolina’s arch segregatio­nist Sen. J. Strom Thurmond. And this divide appears as solid and bitter today as it was in the 1960s, maybe even more so.

Our only hope for fair decisions by the current Supreme Court is the fact that the justices are appointed for life and are no longer dependent on politician­s’ favor for their compensati­on and tenure. Thus, they are free to vote their conscience­s with little fear of reprisal. Justice Byron White, a Kennedy appointee, rendered many independen­t conservati­ve opinions during his tenure, and Justice Hugo Black, a former Alabama Klansman, voted for the 9-0 1954 Brown v Board Decision that overturned the South’s Jim Crow segregatio­n laws. This changed Dixieland forever.

In today’s contentiou­s political climate, possibly more than at any other time in our history, there is a pressing need for judicial integrity, independen­ce and statesmans­hip. Could it possibly arise from the present court? We shall see.

 ??  ?? Reed
Reed

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