Recuse Yourself

    Though I may agree with the sentiments of the political cartoon located at, I fear that that it over simplifies matters a little too much. Granted, cartoons of this nature do tend to break down the complex issues to get to the punch line in this case, it unfortunately  seems to almost white was what really is the core of the issue That is to say, the relationship that Justice Scalia enjoys with the former vice president Dick Cheney is and should be a matter of grave concern. Separation of power is set forth in the United States constitution for a reason. The founding fathers, took great pains to establish a balance of power that would help insure the American people against these types of transgressions however, as indicated by Justice Scalias memorandum blatant intermingling and questionable fraternization for the sake of expediency in hunting trips is not only allowed, but to be commended as it cost nothing to the U.S. Government.

    In essence, I agree with the cartoons sense that the relationship between the executive and judicial had been compromised by both Dick Cheneys and Justice Scalias seemingly intimate connections. The cartoon, suggests a much bigger issue though, that of the election of George Bush and the questionable election results. It is in this sense too, that the relationship between the two institutions could be called into question.  Again, refereeing to Scalias memorandum, it seems to me, that no care nor regard had been given to the appearance of impartiality if regard had been given, Justice Scalia would have recused himself for forms sake, and not put forward arguments based on court cases which had been set, in different times and under different political situations.

    The question of must Justice Scalia recuse himself, may be simply answered with no. However, the real question of should or should have remains a personal point of contention. Because, something is legal, does not mean one should do it, sometimes, the moral ground, is of more if not the most importance when it comes to separations of power. In this case, Justice Scalia exercised legal right,  leaving morality and appearances dangling in the wind.


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