University Daily Kansan / Friday, November 21, 1986
7
Judicial role may shrink, judge says
By PAMELA SPINGLER Staff writer
The role of the judiciary might shrink in the next few years, Harold Herd, a Kansas Supreme Court justice, yesterday told 30 students at the Student Bar Association's Noon Forum at the law school.
Herd, who has been on the state's highest court for eight years, said the debate over the extent of the U.S. Supreme Court's powers would continue.
The debate would be fueled by Attorney General Edwin Meese's public attitude that the U.S. Supreme Court should return to "original intentions." he said.
The problem would be trying to decide what the original intentions of the constitutional fathers were, he said. If the Supreme Court didn't have the right to declare laws unconstitutional, Congress could repeal the Bill of Rights.
"I've always wondered if you submitted the Bill of Rights to, if it would be voted out," he said.
The court system is set up so it protects the minority of the population, Herd said. The other branches of government are directly answerable to the public by elections, but the court system
The federal judiciary is not directly accountable to the public. That is one way in which its role is not limited. Herd said.
is independant, he said.
"I seems to me the idea of an independent judiciary is essential," he said. "I don't think one small group should want to court the police."
He said the Reagan administration's recent appointments didn't affect the Supreme Court's decisions.
He added that because federal justices can be removed only by impeachment, the president doesn't have control of justices' decisions.
Meese would like to change the Supreme Court's powers by limiting rulings in cases to the participants, thereby allowing courts to ignore precedents, he said.
"I think that stare decisio (let the decision stand) and precedents are very important." Herd said.
One of the decisions from which the court is trying to deviate is school prayer, he said.
The law doesn't state that students in public schools can't pray, only that the state can't prepare an official prayer for classes, he said.
Harold Herd, Kansas Supreme Court justice, speaks to law students about constitutional decisions. Herd spoke yesterday at a Noon Forum in Green Hall.
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