Establishing Justice: The Constitution's Promise And Challenge

The US Constitution's preamble states its purpose as establishing justice, among other objectives. The framers of the Constitution intended for the Federal judiciary to act as the institutional custodian of justice, with its role evolving to include powers such as declaring Acts of Congress and State legislatures unconstitutional. The interpretation of justice in the preamble implies the achievement of order, security, liberty, and the common good.

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The Federal judiciary functions as the institutional custodian of justice

The Preamble to the US Constitution, drafted in 1787, sets out the intentions of its framers and the purpose of the document. It outlines the aspirations of "We the People" for the government and the nation. The first of the five objectives outlined in the Preamble is to "establish Justice".

The Federal judiciary's most significant power is its ability to declare Acts of Congress and State legislatures unconstitutional. This power allows the judiciary to act as a check on the other branches of government, ensuring that laws and actions are in line with the Constitution and the principles of justice.

The concept of justice in a constitutional democracy is rooted in the idea that everyone should receive what is due to them. This includes equal treatment from the government, such as the equal guarantee of human rights. The Federal judiciary, as the custodian of justice, plays a crucial role in interpreting and enforcing these rights, ensuring that justice is established and maintained in the nation.

By functioning as the institutional custodian of justice, the Federal judiciary upholds the aspirations set out in the Preamble of the Constitution. It helps to form a more perfect union, ensure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty for all.

Federal courts are engaged in the political process

The US Constitution's preamble states the intention to "establish Justice". This is achieved through the Federal judiciary, which acts as the institutional custodian of justice. The Federal court system has three main levels: district courts, circuit courts, and the Supreme Court. Federal courts are engaged in the political process in several ways. Firstly, they are involved in the creation and interpretation of laws. Federal laws are passed by Congress and signed by the President, but it is the judicial branch that decides on the constitutionality of these laws and resolves cases involving federal laws. Federal judges, including Supreme Court justices, are selected by the President and confirmed by the Senate.

The Federal courts also have the power to declare Acts of Congress and State legislatures unconstitutional. This power allows them to shape democracy and influence public policy. For example, in the Debs case, the Supreme Court ruled against Eugene V. Debs, the president of the American Railway Union, who had defied a federal injunction ordering strikers to stop interfering with train service. The Court's decision was criticised as "government by injunction", but it set a precedent for using injunctions to stop workers from striking, leading to statutory reforms in modern labor law.

Additionally, Federal courts can issue stays that temporarily block lower court rulings. For example, in the lead-up to the Supreme Court's decision to overturn Roe v. Wade, the Fifth Circuit issued administrative stays that prevented some women from accessing abortion services, affecting their constitutional rights. Federal courts also have "diversity jurisdiction", which allows them to hear cases where the plaintiff and defendant are from different states and the "amount in controversy" is more than $75,000. This can have significant implications for state policies and finances, as seen in the case of U.S. v. Texas, where Texas and Louisiana challenged federal immigration guidelines, arguing that they would increase the number of undocumented immigrants in their states and, consequently, the associated costs.

The Federal court system operates within a constitutional system of "checks and balances", where each branch (legislative, executive, and judicial) is formally separate but often required to cooperate. This system ensures that the courts remain engaged in the political process while also providing a mechanism for resolving disputes peacefully and interpreting and upholding the Constitution.

Federal judicial power can declare Acts of Congress and State legislatures unconstitutional

The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. The legislative branch, which consists of Congress (the Senate and House of Representatives), has the sole authority to enact legislation and declare war, confirm or reject presidential appointments, and conduct investigations. The executive branch is headed by the President, who is the Commander-in-Chief of the armed forces and can veto legislation passed by Congress. The third branch, the judiciary, includes the Supreme Court and other federal courts.

The Constitution's preamble states that its purpose is to "establish Justice," among other goals. The framers of the Constitution intended for the federal judiciary to serve as the guardian of justice. The judiciary's power has evolved to include creating a system of federal private law, collaborating with Congress and federal agencies in administering regulations, defining property and privacy rights, and ordering social remedies supported by statutes and the Constitution.

The most significant aspect of federal judicial power is its ability to declare Acts of Congress and State legislatures unconstitutional. This power has been exercised in several notable cases. For example, in "Knickerbocker Ice Co. v. Stewart" (1920), the Supreme Court held that an amendment to the Judicial Code transferring federal legislative powers to states was an attempt to transfer federal legislative powers to the states, violating the Constitution's rules of general maritime law. In "City of Boerne v. Flores" (1997), the Court ruled that Congress's power under Section 5 to enforce the Fourteenth Amendment did not extend to defining the substance of the Amendment's restrictions.

The federal judiciary's power to declare Acts of Congress and State legislatures unconstitutional is a crucial aspect of the system of checks and balances in the US government. It ensures that no branch of government holds too much power and that the actions of one branch can be reviewed and checked by another. This power has been used throughout US history to uphold the Constitution and protect the rights of citizens.

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Justice is pursued when everyone receives what is due to them

The US Constitution's preamble sets the stage for the document, outlining the intentions of its framers and its purpose. One of the five objectives outlined in the preamble is to "establish Justice".

The pursuit of justice is a central tenet of democratic constitutions, alongside the achievement of order, security, liberty, and the common good. Justice, in the context of the Constitution, refers to the idea that everyone should receive what is due to them. This concept of justice has been echoed by philosophers since ancient times.

In a constitutional democracy, justice is pursued through equal treatment and the guarantee of equal human rights for all. For instance, the US Federal judiciary functions as the institutional custodian of justice, with the power to declare Acts of Congress and State legislatures unconstitutional. The judiciary's role has evolved to include creating a system of Federal private law, joining with Congress and Federal agencies in administering regulations, defining property and privacy rights, and ordering social remedies validated by statutes and the Constitution.

The ability to declare acts of other branches of government unconstitutional is a significant dimension of Federal judicial power. This power ensures that the government cannot act outside of its constitutional bounds and that the rights and liberties of the people are protected. Thus, the Constitution provides a framework for justice by limiting the powers of the government and safeguarding individual freedoms.

By outlining the pursuit of justice as one of its primary objectives, the Constitution sets the tone for a fair and equitable society, where the rights and liberties of all individuals are respected and protected. This foundational principle guides the interpretation and application of the Constitution, ensuring that justice is at the core of the nation's laws and governance.

Justice is achieved when equal qualifications receive equal treatment from the government

The phrase "establish justice" is one of the five objectives outlined in the preamble to the US Constitution, drafted in 1787. The preamble sets the stage for the Constitution, communicating the intentions of its framers and the purpose of the document. It reads: "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

Justice is one of the primary goals of democratic constitutions, alongside order, security, liberty, and the common good. In a constitutional democracy, justice is pursued when everyone receives what is due to them, and when persons with equal qualifications are treated equally by the government. For example, a government establishes justice by equally guaranteeing the human rights of each person within its jurisdiction.

The US Constitution's framers intended for the Federal judiciary to function as the institutional custodian of justice. The judiciary's role has evolved to become a co-equal branch of government and a reviewer of legislative action. One of the most significant dimensions of Federal judicial power is its ability to declare Acts of Congress and State legislatures unconstitutional.

Over the years, the judiciary's powers have included creating a system of Federal private law, joining with Congress and Federal agencies in administering regulations, defining property and privacy rights, and ordering social remedies validated by statutes and the Constitution. These powers contribute to the establishment of justice by ensuring equal treatment for those with equal qualifications.

In summary, the US Constitution's preamble sets the goal of establishing justice, which is achieved through the work of the Federal judiciary. This includes ensuring equal treatment for individuals with equal qualifications, protecting human rights, and declaring unconstitutional acts. By exercising these powers, the judiciary fulfils its role as the institutional custodian of justice in the United States.

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