A rule of law is vital for business. Not necessarily a rule of law as it exists in the U.S. But how does the rule of law really work?
It is pretty much of a historic miracle that the U.S. Supreme Court has any importance at all. Most other similar courts in the world are not very important.
I see
four reasons for the importance of our Supreme Court:
* First, under the founding Jay Court, no effort was made to issue strong or controversial rulings. It allowed time to accept the courts existence.* Second, after ten quiet years, the Marshal Court ruled, in a case that was clear and straightforward, that the function of the Supreme Court was to make sure that all legislation was consistent with the U.S. Constitution.* Third, Americans consider the Constitution and the Bill of Rights to have the binding historic force that Torah does for Jews. That gives the Supreme Court enduring authority.* Fourth and last, the Court has avoided encroaching on the power of the Congress to legislate.
I make this point because we have two immediate cases that are relevant. The Federal District Court has told the State of California to spend billions of dollars on healthcare in California prisons. The State of California has completely ignored the Court and has established the precedent that Federal
District Court is a toothless old hag, that will be used to settle questions only when the State asks it to. It is not treated as part of the Supreme Court.
The other case is the Israeli Supreme
Court that has issued something like 28 rulings directing the Israeli
government where to build a high school, where to build or not build the
anti-terrorist protective wall and other legislative functions. The
Israeli government ignores the Court.
Have I explained the matter. A Supreme Court is only functional in making rulings on the Constitutionality of legislation in a society that values the Constitution.
The International Court, which lacks everything, is meaningless and always will be.