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    Speak Up! - View Question #20681

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    Question: Why is it important to have fair and impartial courts?


    Under the constitution, Article 3 section 2, the judicial power (the court) was given the responsibility to oversee all cases 'under the constitution, the laws of the United States, and treaties made' (see below for exact wording of the sentence). The courts can not make decisions because it would be popular. If the public want a law changed they need to go through the legislative branch, but the courts have to enforce the laws under the Constitution: that means if the legislators pass a law that is 'outside the constitution' it is the courts responsibility to say 'no, we have to follow the constitution.' All of these responsibilities are only possible if the court remains 'fair and impartial'. The government was established with 3 branches of government so no one branch (person or body of people) could have too much power.

    The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--

    1 thru 1 of 1 comments    [ 1 ]   
    On 04/12/09
    Richar from NJ said:
    Courts are required to be fair and impartial to prevent people from killing each other in the street! Courts are intended as an alternative to brute force. Without courts behaving good, we lose respect for the system, get angry, feel powerless, and get ideas of revenge. Although revenge has a bad name, See, e.g., GETTING EVEN: REVENGE AS A FORM OF JUSTICE, violence is generally taboo in American society.
    1 thru 1 of 1 comments    [ 1 ]   

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