Why We Hate To Love Judges

As the 2000 election made very clear, we are torn between revering judges and despising them. It’s in the nature of the job.

A judge, the old saw goes, is a lawyer who knew a governor (or a President or a senator). In most states, a judge is a lawyer who knows how to attract voters. Whatever the judge’s secret, the contempt underlying that catchphrase suggests the palpable disdain that tints our view of the whole legal system. We speak with scorn of the “courthouse gang,” meaning the petty politicians who loiter in the temple of justice. We like to think of judges as above all that, yet we continue to regard the administration of justice as a mere extension of politics. Read more »

"Consensus Politics,” 1800–1805

The idea goes back to the very beginnings of our national history. Then as now, it was built upon human relationships, and these—as Mr. Jefferson found to his sorrow—make a fragile foundation.

We hear a great deal these days, during an intensely political Presidency, about “consensus politics,” but it is no novelty of modern times. It is hardly an exaggeration to say that Thomas Jefferson was its inventor and master practitioner. Time has all but canonized this Founding Father, so that few associate him with either guile, ruthlessness, or skill in political maneuver. Yet he had all three, and he knew how to use them.