VOL. LV, NO. 157
California State University, Long Beach October 10, 2005
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Editorial Staff

Jamie Rowe
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Circulation Staff

 

 

. News  
 

 

Our View: Harriet Miers brings back spoil system

The Gilded Age was an era plagued with corruption. Politicians used the “spoils system” in order to get their friends and family members high-ranking positions in government. Politicians continued to abuse the public’s trust for decades before the public called for change. Recently, this system has made a comeback with President George W. Bush’s nomination of Harriet E. Miers to the position of Supreme Court Justice.

Bush and Miers have a friendship that dates back to his years as governor of Texas. Miers has bailed Bush out of several quagmires that otherwise might have meant certain political doom.

When he acted as governor, Bush sought Miers’ help in rescuing the state lottery commission from financial struggles. Also, when Bush was criticized for special treatment in the National Guard during the 2000 presidential campaign, he sought Miers’ help to gauge the damage.

Now he is reciprocating the favor and helping Miers in her political advancement. It is unfair to the American people for Bush to place someone with inadequate experience in such a powerful position. Although Miers may be extremely intelligent, there are several other criteria necessary in being a fair and just judge.

One of the major requirements a judge should have is impartiality. It would be ludicrous to expect a judge to be entirely free of bias, but Miers’ active role in her evangelical Christian church might taint her ability to make judgments not affected by her religion. The word evangelical itself means “to zealously advocate” and it’s possible Miers would use her position to enforce her religious beliefs.

Miers should not be discriminated against because of her beliefs but, her extremely religious background is one of the few facts people actually know about her. She is a fairly unknown prospective and her vehement religious beliefs are indicative of a strong bias. Because Miers has no previous experience as a judge, the only indicator of partiality is her participation in organizations outside of the courtroom.

Although Miers has had extensive experience as a powerful lawyer in Texas serving as the president of the Bar Association in Texas, the role of lawyer and judge are very different.

An important quality a good judge must have is the ability to entertain the validity of both arguments in a case. As an attorney, Miers had to choose between sides and even defend or prosecute one of the parties involved.

The immediate transition from a position where one picks and defends a side to a position demanding total objectivity would be a difficult one to make and would require a huge shift in mentality.

Rather than rewarding his close, personal friends with governmental positions, Bush needs to consider the qualifications and demands necessary to be a judge. The role of Supreme Court Justice is no small job. It is a lifetime position and whoever is chosen to fill the spot needs to meet rigorous standards.

The role of Justice is arguably the most powerful role in government. Judges have the powerful role of determining what is constitutional. They are the last authority in the American Judicial Branch and their decision on a case is final.

For decades she will be entrusted with the responsibility of making decisions that affect the entire nation. It is important Americans feel entirely secure and confident in their legislator’s decision in who serves as a Justice.

It may take a considerable amount of time before finding another person qualified to serve the position, but it is an important role and needs to be filled by someone with ample credentials.


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