4th July: Is it really Independence Day?
4th July is always glorified and celebrated with great gusto across United States of America. After all, it is America’s Independence Day. There are parades all across the country as people of America celebrate the declaration of independence. As we enter into the last 7 days before the fanfare, the begging question in turn of recent events is on America’s independence and its interpretation across demographics. As we witness catastrophes like the pandemic, Russia Ukraine War and the global market downturn, the events in the United States of America have suddenly shifted our focus to an even more grim issue i.e., Independence.
Earlier this week, the US Supreme Court overturned the decision of Roe vs Wade which dated back to 1973 which established a legality across the nation to abortion. With this decision, all states across the country have the leeway to ban abortion and impose their will on a woman’s body. This decision eliminates the liberty that a woman had for undergoing abortion. On the other hand, Supreme Court also struck down the law of concealed gun ownership in New York and other similar states having such laws. The existing law would allow a person to own a gun in the event of a justified cause. The new Supreme court ruling now does away with the justification an enables one o own a gun provided the license is granted. The contrasting judgement by the Supreme Court makes one wonder whether 4th July should celebrate independence for violence or castigate the restrictions being put one one’s body.
Joe Biden’s Democrat government was expected to bring positive change owing to the party history and promises made. However, the US political and judicial system are not heavily dependent on each other. A decision taken by the US Senate can be totally contradicted by the US Supreme Court. This contradiction could come not because of issues in legality but are heavily personnel dependent in the form of judges who rule in favor or against a bill passed by the Senate. As a matter of fact, this varied judgements against the government principles is coming owing to the arduous task done by Donald Trump to appoint 3 Supreme Court judges just prior to the elections. This has ensured the Trump-o-mania is continuing even in his absence from the White House. In fact, out of 5 judges who voted in favor of the banning of abortion, 3 of those were the judges who were appointed by Donald Trump during his presidency. Similarly, President Joe Biden has signed into the new landmark bill to enhance gun control indicating an encouraging sign. However, the abolition of the New York law on guns for justified cause for ownership is a strong means to counter the government policies.
The world superpower is in the process of admonishing the independence of woman and advance the independence of hooligans who could misuse guns for crime. In the midst of such discrepancies, the ideal approach would be to wait for the Biden government to transform the laws and limit the judicial oversight of Supreme Court. That is a fairytale which will just demean the pillar of democracy. As an onlooker, there are some adjustments that can be made to ensure that previous governments do not meddle with existing governments to enhance their own agenda for the sake of people’s independence and safety.
1. Minimise political affiliation of Judges: The judicial system of any country is expected to be politically neutral. However, the US Supreme Court judges are selected by the President and his aides, and the debt of gratitude and political affiliations play an important role in the appointment to enable support for their government. There needs to be a heuristic approach that will allow judges to be selected based on their pedigree and capabilities instead of previous political affiliations.
2. Need for Public Referendum : The government and the judicial system is made for the public to serve the people. In the vent of key laws and reforms, the government and the Supreme Court could often take decisions which may not go well with majority of the public in the country. Such event should allow for a public referendum to allow the citizens to have a role in the reforms and law making. Though this would be an exhaustive process, but the intent of serving the nation would be served when the public is satisfied with the decision.
At present, this is a sad state of affairs in the world’s greatest superpower and this 4th July would definitely not be as merry for all Americans as it should be.