Earlier this year (2009), Michigan Supreme Court Justice Robert Young spoke to a group regarding his perception of the role of judges in our system of government. He then went on to say what a bang up job he thinks he and his Republican confreres on the Michigan Supreme Court (including the former Justice Cliff Taylor) did in living up to his image and perception. Bully.
I had no trouble in hearing Justice Young's remarks, as they were not drowned out by cheers and applause. I do have concerns about both the style and content of his presentation. I found the style a bit arrogant and condescending. I assume the "West Coast State" that apparently could not be identified by name is California. As to the content:
- Justice Young states that our law is only the Constitution and the laws our legislators enact. That tends to minimize if not ignore the judge's responsibility to the common law-that part of our legal system that has never been based on written statutes. The common law dates back to the Magna Carta of 1215, but Justice Young doesn't think much of the common law. I guess we need to have a written statute to dictate every aspect of every human endeavor. Not so sure the framers of the Constitution, federal or state, thought that was a good idea.
- Justice Young and his compatriots have seriously eroded the Constitutionally guaranteed right to trial by jury in civil cases. Of course, such judicial activism is always described as judicial restraint.
- As to the alleged shenanigans in the "West Coast State", it sounds like a law enacted by ballot initiative was struck down by the state's court as unconstitutional. Otherwise, why would there be a second ballot initiative for a constitutional amendment to validate the first law. So....didn't the "West Coast State's" court do what even Justice Young thinks it should have, that is, measure a statute against the ultimate authority of the state Constitution? Apparently, Justice Young did not agree with the result. Certainly, as a Michigan resident, he knows better than the "West Coasters".
Finally, revisiting the style issue. I would normally say that as an after dinner speaker, Justice Young should not give up his day job. On the other hand, I am thinking he might benefit from enrolling in Albert Brooks Famous School For Comedians, which will be featured in tomorrow's post. For today's entry, Justice Young's performance is enough.
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