The Wisdom of a Triangle

 

Look at the triangular shape of the image above and imagine the triangle as the three branches of our government--to the left the Legislative Branch, in the center the Executive Branch, and to the right the Judicial.  The point of the image I chose is the beauty and strength of a triangle as a symbol of the wisdom of our Founding Fathers.  

 

My blog of March 5th, 2025 made clear that the desire of the Americans was not a dislike of the British people.  In fact, they had family and friends there, they did business with the English, and sent their children to school there (if they could afford it).  It was the desire for independence as a free nation, not ruled by a king, that drove the desire for freedom.  

To achieve that, a new type of government was necessary.  That is how the structure of the triangle,  appeared.  They created The Legislative Branch, The Executive Branch, and the Judicial Branch.  Each branch held power over the others in some way, but were also subjected to the powers held by the others.  

Here is how the triangle works.  The Legislative Branch has both the House and the Senate.  The House has 435 members, elected every 2 years, the number held in each state determined based on state population adjustments.  House members must be at least 25 years of age, a U.S. Citizen for at least 7 years, and a resident of the state they represent.  They introduce Bills and Resolutions, offer Amendments, and Serve on Committees, and they have the authority to impeach the President.  The Senate is also part of the Legislative Branch but is separate from the House.  There are 2 Senators from each state, regardless of their state's population.  They must be at least 30 years old and a citizen for at least 9 years.  They serve 6 year terms, with elections of 1/3rd of the Senators rotated to maintain experienced Senators.  They have the authority to not only approve or disapprove the President's nominations for his cabinet, they can overrule the President in certain situations, and should the House impeach the president, the Senate has the responsibility to conduct the trial and either dismiss or convict the President. 

As you can see, the Legislative Branch has powerful responsibilities, often influenced by whether they are majority or minority parties serving under a President. There are also differences in whether different parties have chosen to work with or ignore/oppose the other elected party members.  In recent years there has been less cooperation. 

The next part of the Triangle is the Executive Branch, which includes the President, Vice President, and his Cabinet, as well as government agencies.  The President holds important parts of the Triangle, but he is not a King, which of course was the whole purpose of the war with England.  There is no question that the President has significant powers, some of which are in question.  This blog is not my attempt to define those powers.  It is about reflection on the intentions and efforts of our Founding Fathers to create a Nation without Kings, with checks and balances to keep our precious nation on course.  The third branch in the triangle is the Judicial Branch.  Members of the Supreme Court are nominated by the President.

We tend to pay attention to the Supreme Court, however there are many Federal Courts that can be important on a national level. The United States Supreme Court is able to try only a small portion of cases sent to them on appeal.  Most are rejected, left for the rulings of the lower courts.  However, according to Sandra Day O'Connor, "Each year the members of the court must read the briefs in the 100 or so cases on which the court hears oral arguments.  After argument, the case has to be decided and explained in published opinion."  From her book, The Majesty of the Law.  I can only imagine the amount of responsibility on the Court today, nor am I familiar with the manner in which they try to perform those responsibilities.

In the Triangle of the Judicial Courts, from District Courts to Courts of Appeal, to the Supreme Court, I am generally proud of my profession as an attorney. Today, being a government judge is an ominous responsibility, and sometimes a dangerous one.  Members of the Supreme Court are not beyond disciplinary action, although it has almost never been applied.  I am troubled by some of the neglect of traditional rules of past members of the court, like dissociating themselves from tempting "gifts"' and obvious expressions of opinion by family members of some of the Justices.  But, I am proud of the responsibilities, discipline, and courage other judges, lawyers, witnesses, and members of juries have shown.  Without those courageous and disciplined people, there could be no third Triangle.