Supreme Court Chief Justice John Roberts sat down for a discussion on his experience sitting on the highest court in the U.S. He addressed the state of the American judicial branch and spoke to some of the most impactful moments he's been through during his 20-year tenure. The event was hosted by the Judicial Conference of the Fourth Circuit of Appeals in Charlotte, North Carolina.
https://www.c-span.org/program/public-affairs-event/chief-justice-roberts-speaks-at-fourth-circuit-conference/661769
Without identifying anyone by name, Roberts clearly referenced Republican President Donald Trump and Senate Democratic leader Chuck Schumer of New York when he said he has felt compelled to issue public rebukes of figures in both parties in recent years.
“It becomes wrapped up in the political dispute that a judge who’s doing his or her job is part of the problem,” Roberts said at a gathering of lawyers and judges in Charlotte, North Carolina. “And the danger, of course, is somebody might pick up on that. And we have had, of course, serious threats of violence and murder of judges just simply for doing their work. So I think the political people on both sides of the aisle need to keep that in mind.”
https://www.msn.com/en-us/news/politics/ar-AA1HBg30
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https://www.nbcnews.com/politics/rcna215622
The problem, Chief, is that you are unable to identify "the problem" in your statement. The judiciary is a part of "the problem." The judiciary is not an independent entity as described in any American civics lesson. That is a political ideal that has yet to be achieved, and the ideal cannot be achieved with a three-branch formulation of government. Rebukes of the judiciary by government employees or the citizenry are merely a part of the unreliable system of checks and balances, regardless of how undesirable they may seem.
The Three-part Separation Theory was underdeveloped and, inevitably, inaccurately deployed throughout the American charter system. Consequently, justice was established in unamendable error, domestic tranquility has since been forfeited, and the remaining parameters for the American Experiment; defense, general welfare, and liberty, are all at risk, as well.
The starting point for understanding the perpetually cycling problems of the three-branch governing system is that all of the executive power is in the executive branch, and the subsequent security departments lack an orderly organization of that power – just about every president reorganizes the branch to accommodate their agendas. The partisan problem is because the legislative assemblies are generally commissioned, publicly elected, and unsupervised. The judicial problem is because the administrative powers are distributed among the three branches, and the political contest in the legislatures stabilized into its erroneous duopoly; ultimately, disseminating partisanship into society, including the judicial servants. The erroneous governing system causes political chaos that trickles down into society because that is why we institute government – to guide society.
The absolute truth is that a three-branch government only prevents any one person from ascending to a dictatorship. The inconvenient truth is that neither the separation nor the formulation of checks on power prevents corruption or controls the quality of the inevitable oligarchy formed by the principal officials in the government.
Just because the Founders were able to describe what they wanted the design of the government to be and do does not mean that they achieved those aspects in the composition of the Constitution. Nor does it mean that, because they defined an amendment process that the application of amendments can resolve any of the inadequacies in the base design. The ambition to provide each branch with a will of its own cannot be achieved with amendments, because the three branches are inherently cooperative administrative entities for the processing of law, and it is very inefficient, if not impossible, to construct a system of amendments to achieve the proper separation of government powers.
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