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Independent From What?
Our Constitution created three branches of federal government: the executive (president), legislative (Congress) and judicial (the federal courts). The president and members of Congress are popularly elected and serve finite terms — four years for the president, two years for congressional representatives and six years for senators. It is hard to get elected, or re-elected, by taking unpopular stands. In order to make sure that one branch of our government can enforce constitutional rights for all Americans, even when it is unpopular to do so, the framers of our Constitution took measures to insure that the judiciary would be insulated from political pressures. Federal judges have lifetime tenure. They cannot be fired or replaced by the president or Congress (except in cases of serious misconduct). They are appointed, not elected, and need not run political campaigns to appeal to voters. A judge’s salary may not be reduced while he or she is in office, assuring that Congress and the president cannot punish judges for making unpopular decisions. The framers’ goal was for the judiciary to act as an independent check on the president and Congress. When Congress passes a law infringing on civil rights, it is up to the courts to strike down that law. Under our system, judges may enforce the Constitution to protect unpopular groups or people without fearing retaliation or political consequences. More than most Americans, gay, lesbian, bisexual and transgender people appreciate that the courts’ unique role in upholding fundamental rights even when it is unpopular to do so is what makes an independent judiciary so critical to our quest for equal justice. Independent judges fulfill the constitutional promise of equal rights for all Americans, even those who may not have “popularity” at a given moment, as Nicholson-McFadden put it (in the quote above). "It was never contemplated that the individual who has to protect our individual rights would have to consider what decision would produce the most votes." —U.S. Supreme Court Justice John Paul Stevens.
"It's really a case of civil rights. The people being discriminated against don't always have popularity."
—Marcye Nicholson-McFadden, about her role in a lawsuit seeking marriage rights in New Jersey. Nicholson-McFadden and her partner are one of seven same-sex couples who brought suit against the state of New Jersey seeking equal marriage rights in Lewis et al. v. Harris et al. |
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