"The Supreme Court is not elected, and it is therefore not a proper arbiter of social policy"
About this Quote
Lamar S. Smith's quote, "The Supreme Court is not chosen, and it is therefore not a proper arbiter of social policy", touches on the basic stress between judicial authority and democratic responsibility. At its core, this statement raises concerns about the function of the judiciary in forming policies that affect the social material of a nation.
The Supreme Court, composed of justices selected for life terms, is insulated from direct political pressures that elected officials face. This insulation is planned to permit the judiciary to make decisions based upon the law and constitutional principles without catching the impulses of popular opinion or political efficiency. Nevertheless, this really characteristic result in debates about its viability as a body to make significant decisions on social policies.
Smith is basically arguing that, offered their lack of electoral accountability, Supreme Court justices should not be in the position to dictate or heavily affect social policy, which usually reflects public worths and viewpoints. Social policy often involves moral and ethical considerations that might be much better attended to by legislators who are straight liable to the electorate. When the Court makes landmark choices on contentious social problems, such as those involving civil rights, reproductive rights, or health care, it can be perceived as exceeding its intended function as an interpreter of the law rather than a developer of policy.
Critics of Smith's position may argue that the Court functions as a critical look at the other branches of government, guaranteeing that laws and policies comply with constitutional principles, even if doing so is unpopular. In this view, the Court can maintain rights that may be otherwise neglected or eroded by transient political majorities.
Ultimately, Smith's quote invites reflection on the balance between democratic processes and judicial evaluation. It calls for a conversation on how best to accomplish a government that is both agent of its people and respectful of foundational legal principles, a balance that is fragile and crucial to the functioning of a constitutional democracy.
