Interesting discussion .....
...... but because I am looking at representation as a key to either a republic or a democracy, representation should be held higher than all the courts except one but it is not.
Representation is a key .... at least one of them ..... but .....
In a country which aspires to
fair and equal justice for all, there must be a mechanism for those not in the majority to seek it. Otherwise you simply have a
"tyranny of the majority" - think of that - unless each and every citizen were secure in at least some certain basic rights, what kind of country would we have ?
One where your rights could be taken away simply by being unpopular ..... or misunderstood .... or not being the "right" race, color, or religion, as an example. Or arbitrarily, for any reason whatsoever - or no reason at all.
As a practical matter, if the Supremes were the only court to hear cases (constitutional or otherwise) then there would be much justice denied (or at least delayed - which is functionally the same as denied) - simply because in a society of 300 million individuals there is no way they could keep up with the case load that comes as a consequence of having a population that large. So the remainder of the Federal Judiciary serves as a filter - ruling on matters initially, before they can be taken to the Supremes, in order to spread the workload and to ensure that the opportunity to seek redress for wrongs (real or imagined) is at least available.
Having suffered under the yolk of tyranny of a monarch, the Founders set out to ensure that tyranny in any form would not find it's way into our government - whether it be from a monarch - or the three separate branches - or from the majority.
In other words, in their minds,
the individual reigned supreme.
Sadly, our laws have become so complex (and the courts so focused on arcane rules and procedure, rather than getting an honest, just result) that our court system has become one where it's next to impossible for the common man to appear and represent himself. It was not always this way.
When a society allows it's elected representatives to create a system of laws that are so complex that the average individuals that compose the society
can no longer reasonably know what the laws are (at least without hiring an "expert", ie. a lawyer), you are but one step away
from creating a society of criminals.
Have you ever heard the phrase "ignorance of the law is no excuse" ? While this concept is necessary in theory in order to ensure that members of the society don't duck compliance by claiming ignorance (from having failed to take responsibility to know the laws) - wisdom would dictate that one might want to at least make the laws knowable by the common man.
When we freely elect our representatives and they pass laws on our behalf, then outside of a constitutional test at the top level, shouldn't those laws be enforced but not negated by a lower court, like the 9th district federal court?
Nope - because the Founders, in their wisdom, gave Congress the power (and the responsibility) to create the Federal Court System and their jurisdictions, save for the Supreme Court, which is specifically enumerated (created) in the Constitution.
The Founding Fathers considered an independent Federal Judiciary key to
ensuring fairness and justice for all citizens - and to check and balance the power of the other branches. The basic rights of the citizens as enumerated in the Constitution and Bill of Rights - even so little as the rights of a single individual citizen - are senior to any right of the majority to legislate them away. Or at least they ought to be - that
was the general idea back at the beginning.
If you are not happy with the Federal Court System or how it's functioning - the solution is to get Congress to do something about it - since they were the creators of it, have power over it (.... at least to a degree) and they are your representatives.
Or am I too twisted in my way of thinking?
Yes - how dare you malign those fine individuals sitting out there on the 9th District's bench ! (.... think it just might be something in that west coast water, maybe ?
)