Quote:
Originally Posted by smc
The U.S. Supreme Court was not established to be the "final arbiter of justice," but rather to interpret whether a law falls within the strictures of the U.S. Constitution. Hence, when blacks in this country were slaves, the Supreme Court found that the institution of slavery was "constitutional." Would anyone here argue that slavery as an institution represents justice in any way, shape, or form? I don't think so. This illustrates that "justice" per se is not the purview of the Supreme Court.
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When the Constitution was being developed, the issue of slavery was discussed and some members wanted it abolished. The final version avoided the issue. So in a sense, slavery was neither Constitutional or unconstitutional.
When Earl Warren was on the Supreme Court, he would ask before making a decision "is it fair?". To me, that is the same as, is it just?. Justice is the "purview" of the Supreme Court because the Constitution is based on the concept of Justice. "Liberty and justice for all"
It seems to me that the current court is dominated by members that put their personal extreme conservatism above the realities of the Constitution.
The decision to allow corporations to buy Congress was one of the most egregious unfair unjust decisions ever made by the Court and is unconstitutional, in my opinion.