Paul G. Summers
- Paul G. Summers, a lawyer, is a former appellate and senior judge. District Attorney General; and the Attorney General of Tennessee.
Editor’s Note: This is a regular feature of Constitutional and Civil Rights Matters, written by retired judge and state attorney general Paul G. by Summers.
Our Constitution has guided us through victories, failures, wars, trials and impeachments. We continue our exploration with Article III in this final column.
When I served as Attorney General of Tennessee, I had the opportunity and honor to argue on behalf of my state before the United States Supreme Court in Washington;
To a trial lawyer, that’s the equivalent of a baseball player pitching two innings in the World Series. I will always remember.
The judicial branch is the third, separate and equal branch of our United States government. We have one Supreme Court, and such inferior courts “as Congress may from time to time establish and establish.”
All federal judges hold office for life, or “during good behavior,” as Article III of the Constitution states. The compensation of federal judges “shall not be reduced” while they continue to serve.
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What makes the judiciary different?
The frames were clairvoyant. The Constitution is the supreme law of our country. Our forefathers created three equal branches, two of which are entirely political: legislative and executive. They make their decisions based on politics, policy, polls and ideology. Politicians rise and fall at the ballot box. They come and go.
The third federal branch, the judiciary, is not political. Judges make their decisions based on the law and the Constitution, not on emotion, popular sentiment, or culture. Once a judge is nominated by the president and confirmed by the Senate, he or she serves for life.
They are not nominated every two, four or six years. they follow the Constitution and the laws created by it. The Supreme Court is the “court of last instance”. The decision of the court is final and not subject to appeal.
The Supreme Court votes and the majority prevails. After the decision is made, the majority of the Court may realize that they made a mistake; and most change their behavior years later. Judges are human. and they are self-sufficient, although they will rarely admit a mistake.
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“Court packing” will have political consequences
Judges are independent. they follow the laws and the Constitution. They interpret the laws. they do not prepare or perform. Judges follow the rule of law. all men and women are created equal and are endowed with the unalienable rights to life, liberty, and the pursuit of happiness. Judges, and certainly Supreme Court justices, must protect the checks and balances on abuse of power by the other two branches of government.
Our Supreme Court consists of nine judges. Nine have passed since 1869. An act of Congress could change that number. Changing the number and filling vacancies with politicians is called “packing the court”.
Such political shenanigans will eventually destroy Armenia crown jewel an independent judiciary that has protected us since 1789. One side does it. six years later, the other side “fills the court” with political ideologues.
We do not need a Supreme Court with two dozen judges. Opponent of court packing, late judge Ruth Ginsburg expressed an opinion. “Nine seems to be a good number, and it has been for a long time.”
Paul G. Summers, a lawyer, is a former appellate and senior judge. District Attorney General; and the Attorney General of Tennessee. Raised in Fayette County, lives in Holladay and Nashville.
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