Where Is the Judge: Part II

          Relationships are the glue that holds our world together.  Marriage affixes our passions to our spouse; parenting secures sacrificial love for our children; and a business relationship attaches loyalty to a partner.  So well accepted is this principle, that a commonly applied synonym for relationship is the word bond. 

            Another interesting place where our American vernacular applies the word bond is to a promise.  We all know that our word is our bond.  Therefore, what we promise to others with whom we desire to relate must be fulfilled or else the adhesive of the bond begins to dissolve causing the relationship to disintegrate.  When relationships disintegrate, our social order crumbles.

            Promises must be kept.  From vows of fidelity in marriage to fulfillment of contractual obligations in business, the agreed terms connect the parties for mutual obligation and mutual blessing.  Unless pledges are executed, the adhesive of personal relationships, corporate contracts, and national accord stand in jeopardy.  When either party breaks his word, a judge can be summoned to enforce the rules and re-glue the contract.

            A judge is a third party who can  enforce the terms without partiality for the purpose of holding the bond together.  Moms judge between the kid’s differing interpretations of the rules of sibling play.  Referees use set rules to judge between teams engaged in a sporting contest.  Churches hold a form of ecclesiastical court with judging elders knowledgeable of Scriptures, while the civil realm elects and appoints those with knowledge of Law to sit on the court’s bench and execute justice.

            Justice flows when an unbiased judge applies the pre-determined rules to the situation and ascertains which party has failed to live under the terms of the agreement.  Judges adhere to set pledges.  Judges apply the pre-approved ethics.  Judges may not inject new rules, new laws, or new regulations.  There must be no ex post facto statutes or sanctions.  No reasonable person would engage in a contract with undisclosed or fluctuating rules.  To promote cooperative efforts between the members of society, rules and sanctions must be announced in advance.  If private citizens lose faith that the courts will uphold contractual agreements, they will be less inclined toward cooperative efforts and more inclined to vigilante-style justice. 

            Our founding fathers set up a system of government in which the Legislative Branch writes the rules and the Judicial Branch enforces the laws.  Judges are not constitutionally-empowered to change the laws.  However, beginning with the 1934 case entitled Home Building and Loans Association v. Blaisdell, the Supreme Court gave Minnesota the authority to force the bank to delay foreclosure.  The mandated loan forgiveness altered the rules between the parties and started a precedent that empowered the bench with legislative prowess.  From the Great Depression’s mortgage crisis until today, the trend has escalated.  Public trust is being dissolved.  Judicial tyranny weakens the bond of the nation’s relational glue.  There is a moral imperative upon the courts that promises be honored.

    

 


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