Founding Fathers’ wisdom created checks and balances
Editor’s note: This is a regular feature on issues related to the Constitution and civics education written by Paul G. Summers, retired judge and state attorney general.
Envisioning the principles of the Declaration of Independence and the Constitution of the United States, our Founding Fathers were not merely exceptionally smart; these men were clairvoyant.
They could see into the future and answer questions before issues or controversies even arose.
Our Constitution has guided us with a steady hand, through trials and tribulations, since 1789. It has been tested time and time again and has weathered the storm.
Ours is one of the oldest constitutional republics in the world. We thank you, Founding Fathers, for your vision and wisdom.
What’s the difference between intelligence and wisdom? Intelligence is knowing that a tomato is a fruit. Wisdom is knowing not to put it in a fruit salad. Our founders had wisdom.
Let us look at examples. The Fathers created three separate and equal branches of federal government - Legislative, Executive, and Judicial.
They envisioned that the first two would be political and accountable to the people. Congress consisted of the House of Representatives and Senate, and representatives were elected for a two-year term.
Senators of the “Upper House” were elected by the state legislatures until the Seventeenth Amendment in 1913. The amendment provided that senators were popularly elected by their states’ voters.
The president and vice president were elected by the people of the United States, not by popular vote, but by an electoral college. These politicians were elected for two-, four- or six-year terms and were accountable to the people of their districts, states, or the country. They passed and approved legislation. They set policy. Once elected, they concentrated on reelection.
Why the judicial branch is different from the executive and legislative branches
The third federal branch was different. This was the judicial branch and began in 1789 with the Supreme Court “...and in such inferior Courts as the Congress may from time to time ordain and establish.”
The judiciary is accountable to the Constitution and the Rule of Law. Justices of the Supreme Court or judges of the circuit or district courts are nominated by the president and confirmed with the advice and consent of the Senate.
Once confirmed, they hold their office for life or “...during good Behavior.”
Judges interpret the actions, laws or regulations of any branch of government and determine if those actions or activities are consistent with the
Constitution. They are not supposed to be politicians, and the Founding Fathers did not mean for them to be such. They do not run for election or reelection.
The judiciary is independent of the other two branches. The judiciary acts as a checks and balances for abuse of power by any branch of the federal government.
Judges are not supposed to be politicians
We shall discuss checks and balances more in the future. But the Founding Fathers realized that presidents, senators, and representatives come and go; but judges are there for life.
They are not supposed to be policy makers; they determine whether the policies developed by any branch of government are consistent with our U. S. Constitution.
They read words and interpret those words. Judges are not bound by polls or politics. Judges wear black robes which represent the impartiality of the law; they ought to consider wearing black and white striped robes, like referees. That’s because they are referees or umpires and call the balls and strikes.
Our study of our founding documents and American government will continue in later articles. Please read the Declaration and the Constitution. It is time well spent.
Paul G. Summers, a lawyer, is a former appellate and senior judge, district attorney general, and the attorney general of Tennessee. Raised in Fayette County, Judge Summers resides in Nashville and Holladay.