A Republic, If You Can Keep It

01The Importance of Impartiality and Independence in the Judiciary

Ever wondered why the judiciary is often referred to as the 'guardian of the constitution'? Or why judges are expected to be as impartial as a set of scales and as independent as a hermit? Well, it's because the judiciary plays a pivotal role in a democratic republic, much like a referee in a football match. They ensure that the game is played fairly, the rules are adhered to, and every player, regardless of their status or skill, is treated equally. Impartiality in the judiciary is as crucial as the heart in a human body. It ensures that justice is served without any bias or favoritism. Imagine a judge presiding over a case involving a wealthy businessman and a poor farmer. The judge, being impartial, would not be swayed by the businessman's wealth or the farmer's poverty. Instead, he would base his decision solely on the evidence presented and the law's provisions. This is the essence of impartiality - it ensures that justice is not just done, but also seen to be done. Independence, on the other hand, is the backbone of the judiciary. It allows judges to make decisions based on the law and their conscience, even if those decisions are unpopular or go against the powers that be. Take, for instance, the landmark case of Brown v. Board of Education. Despite intense societal and political pressure, the Supreme Court ruled that racial segregation in public schools was unconstitutional. This decision, though unpopular at the time, was a testament to the judiciary's independence and its commitment to uphold the rule of law. Neil Gorsuch, in his book "A Republic, If You Can Keep It", shares his experiences as a judge, providing a firsthand account of the principles of impartiality and independence in action. He talks about the challenges he faced, the difficult decisions he had to make, and the commitment required to uphold these principles. For instance, he once had to rule against a party he personally sympathized with because the law was not on their side. It was a tough decision, but Gorsuch knew that his duty was to the law and justice, not his personal feelings. So, why is the judiciary often referred to as the 'guardian of the constitution'? It's because the judiciary, through its impartiality and independence, ensures that the constitution is upheld, the rule of law is maintained, and justice is served. It acts as a check and balance to the other branches of government, ensuring that power is not concentrated in a few hands and that every citizen, regardless of their status, wealth, or power, is treated equally under the law. As we reflect on the role of the judiciary in preserving our democratic republic, let's remember the words of Thomas Jefferson: "The greatest danger to American freedom is a government that ignores the Constitution." And let's appreciate the judiciary, the impartial and independent guardian of our constitution, for keeping that danger at bay.