Bludgeoning the People with the Law
By Steven J. Grisafi, PhD.
It is precisely because the authors of the Constitution of the United States of America “split the atom of sovereignty” that they saw the need to add an amendment to the Constitution stipulating that nobody ought be subjected to double jeopardy. We the People have been led to believe that our courts decide each and every trial solely upon the merits specific to the case under consideration. Yet one could hardly fail to recognize that when the Supreme Court of the United States of America renders a decision the arguments the Justices give always contain assertions of their belief as to how the decision to be rendered will affect subsequent verdicts. Is it not contradictory to ponder such implications when addressing the fate of individuals? Or are We the People to assume that when the Justices of the Supreme Court choose to consider a case they do so solely for the purpose to cause such implications to be propagated throughout the justice system? Any such clinical rendering of a verdict need always reflect the humility and compassion of those who have been given the privilege to do so.