Retired presiding justice, 4th District Court of Appeal, Division 3
Which founding-era principles remain most essential to judicial decision-making today?
The founding-era principle that remains most essential to judicial decision-making is judicial independence. Judicial independence requires judges to operate outside the political arena and make reasoned decisions based on constitutional and statutory guidelines free from political or financial pressure. In so doing, judges do not consider personal or popular political preferences, they rely on the Constitution and the law to make decisions. When the legislative or executive branches bend to the will of the majority and violate basic constitutional principles at the expense of a minority group, an independent judicial review is critical. The Founders purposely defined the judicial branch as an independent co-equal branch of government to protect against government overreach by the other two branches. Alexander Hamilton believed because the judiciary lacks control over the "sword" (military power) or the "purse" (budgetary power), it could act as an impartial referee to declare unconstitutional laws void. I agree.
What does the 250th anniversary of the United States signify to you as a member of the judiciary?
The 250th anniversary of our nation signifies that the principles and values enshrined in the Constitution laid a solid and successful foundation for our democratic nation. Having suffered under the unchecked monarchial power of the British monarchy, the Founding Fathers designed a framework to prevent centralized power in a single ruler. In furtherance of this goal, the Constitution distributed power among three separate and co-equal branches (legislative, executive and judicial). This distribution resulted in what we frequently call a system of checks and balance." That we now celebrate the 250th anniversary of this great nation signifies the enduring value of the principles and values enshrined in our Constitution.