在美国的民主制度下,总统州长这样的民选官员才是政策的制定者,其下所属政府机构的成员是政策的执行者。这里请注意,司法部虽然名字里挂了“司法”二字,其实与司法独立毫无关系,司法部只是属于执法范畴的联邦政府中的一部分。虽然司法部长嘴头上时而会宣称司法部有独立性,虽然他可以说自己不是总统个人的律师,但他毕竟属民选总统一党,由总统提拔,是总统可随时任意开革(serving at the President's pleasure)的下属,他在任内的所作所为要为总统制定的政策服务,最后因为政府政策的成败青史留名或遗臭万年的也是总统,基本没司法部长什么事。
Another early Justice who ran for political office was the little-known Smith Thompson. He failed in an 1828 to become New York’s governor.
David Davis, who sat on the Supreme Court in 1877, missed a chance of becoming the tie-breaking vote in the contested 1876 presidential election commission when he was appointed as a U.S. Senator from Illinois.
The most famous Justice-turned-candidate was Charles Evans Hughes. In his distinguished public career, Hughes left the Supreme Court in 1916 to challenge Woodrow Wilson for the White House. After a narrow loss, Hughes eventually became Secretary of State, and he served as a United States delegate to the Permanent Court of Arbitration. In 1930, Hughes returned to the Court as Chief Justice of the United States.
William O. Douglas also was mentioned in 1944 and 1948 as a possible Vice President candidate while he was sitting as a Supreme Court Justice, while James Byrnes, who briefly sat on the Court during the FDR era, later became governor of South Carolina.
A most-interesting case was Justice Arthur Goldberg, who quit the Supreme Court in 1965 to accept President Lyndon Johnson’s appointment as United States Ambassador to the United Nations. Goldberg left that position in 1968.
In other cases, Supreme Court Justices have taken on important duties in public service while remaining on the bench. Justice Robert Jackson was the Chief United States Prosecutor at the International War Crimes Tribunal in Nuremberg, Germany, after World War II.
Justice Owen J. Roberts headed the investigation into the Japanese attack on Pearl Harbor, while Chief Justice Earl Warren famously headed the commission that investigated the assassination of President John F. Kennedy.
When people talk about conservative/liberal judges, are they not thinking in political terms? When Mr. Trump celebrated his success in placing three justices on the High Court, was he not viewing his as political victories?
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这也是美国司法让人垢病的地方,
It should not be like that under rule of law.
PrimeryColor 发表评论于
When people talk about conservative/liberal judges, are they not thinking in political terms? When Mr. Trump celebrated his success in placing three justices on the High Court, was he not viewing his as political victories?
这个还真难说。 很多时,成事在天。 总统不能保证被提名的大法官不变节。 以往也有历史。
回复 '曌' 的评论 : There is the idealistic view that judges are above politics; there is also the reality that their decisions, by impacting on the distribution of rights/resources as well as other political matters, have been gaining political significance. When the cases presented to the courts, such as those concerning abortion rights, voting rights, affirmative action, etc., are themselves imbued with politics, how can the judges' decisions escape the fate of being viewed in political light? When people talk about conservative/liberal judges, are they not thinking in political terms? When Mr. Trump celebrated his success in placing three justices on the High Court, was he not viewing his as political victories? In this regard, please see https://www.wsj.com/articles/stop-pretending-the-supreme-court-is-above-politics-1536852330
Under the rule of law, judge should not dip into political water, for example in judicial review cases, the judge only needs to decide the lawfulness of a matter , that is it, rather than agreeing or disagreeing a matter which is politics .
曌 发表评论于
大法官的裁决,特别是大法官对宪法解释的裁决,属最高政治范畴,
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Judicial is supposed to be politically neutral, and does not dip into political water.