By Elliott Brack
Editor and Publisher, GwinnettForum
NOV. 28, 2023 | There’s a passage in Rachel Maddow’s new book, Prequel, which really stunned me.
(Earlier, this book was one of GwinnettForum’s recommendations from Raleigh Perry. I agree. The book needs to be required reading for citizens interested in current governance, who will learn how before World War II, the Nazi government had used the freedoms that we enjoy in this country to promote all-out fascism and start a series of efforts to undermine our government from entering World War II.)
The passage concerns the American judicial system, which many think is unequaled in the world. But read what Maddow wrote:
“…the genius of the American legal system was in how it allowed for the circumvention of this obvious contradiction by use of (the German term) “(judicial) unwege”, secret and twisting passageways of reasoning that led to whatever outcome was politically desirable. (The writer of this passage) understood this would be a bit of a revelation to legal scholars and practitioners of Germany, where they operated within the limits of civil law—a mechanical system to which the written statutes and codes were not at all fungible. In the United States, where common law held sway, judges had (and have) more room to maneuver.”
Here’s how that is bothersome. It makes me question what I thought was the integrity of the American judicial system.
Essentially, the system that was the law in Germany before World War II would not allow any “wiggle room.” It was written down, it was the law, and there was no derivation. But Hitler took advantage of the “judicial unwege” and finally got his way.
But compare that with the laws in the United States, especially in common law. Here, judges at all levels have more room to maneuver, and find various nuances of past laws to determine court cases. Essentially, the court system in the United States gives judges plenty of room to color their decisions to interpret the law.
Because of this, it’s not uncommon for a judge’s ruling to be reversed on appeal. These higher courts amount to a safety net for the people in many, but not all, cases. Sometimes it’s up to the Congress to tackle and write new laws and reverse the courts, when judicial oversight has gone too far.
Why is all this a major concern these days?
Simply this: we are as a nation in a time of peril, as the courts will soon tackle the questionable actions of an indicted former president, who wants to return to office. Former President Trump is even scheduled to appear in one case before a judge who he appointed to the bench, who has not recused herself.
Add that with judges sometimes able to find “wiggle room” for their actions, and you must ask if the people of this country will see a full and fair trial as the former president comes before the courts.
Will it lead to “to whatever outcome was politically desirable?”
- Have a comment? Send to: elliott@brack.net
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