Mainstream American society confuses the essential difference between the court’s maintenance of political rule order and social governance order,Spare no effort to shape the U.S. Supreme Court into the ideal expression of “a government ruled by law rather than a government ruled by men” and the “temple of apolitical law”。After confusing the exercise method and judicial value orientation bonus bet365 independent operation of judicial power,Judicial value neutrality is generally accepted by American society as a mainstream value,And spread to the world as American hegemony。The reason why this value can affect the world,It lies in the specific conditions for the American ruling class to utilize the expansionary lifestyle,Creating the illusion of a “non-political legal temple” from both the premise and operation process of judicial power。
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First,The "mutually beneficial" relationship created by the ruling class' use of lifestyle,Through matter、Value substitution avoids the political nature of judicial power,Neutralize the economic and institutional prerequisites for establishing judicial power。Lifestyle is the sum of life styles and behavioral characteristics under the guidance of certain social and historical conditions and ideology,The American lifestyle is an expansionary lifestyle derived from the expanded reproduction of capitalism。Among them,“Looking for a better life” is the fundamental purpose of an expansionary lifestyle,In the three major elements that constitute an expansionary lifestyle (life subject、Living conditions、Life activities form) in,Rights-based、Zero-sum game is the behavioral characteristic of life subjects;Laissez-faire、The expansion of claims is an inherent feature of life style,Continue to get rid bonus bet365 "market curse"、Maintaining a high level of resource acquisition ability for a long time is an essential living condition;Guide behavioral characteristics to seek advantages and avoid disadvantages through market-oriented means,A prosperous economy to satisfy the material desires of “looking for a better life” is a form of life activities。
But,Interaction of lifestyle and behavioral characteristics of expansionary lifestyle,Meaning the inevitability of class antagonism and the normalization of multi-racial games。On the one hand,To establish the order needed for the normal functioning of your lifestyle、Divert the eyes bonus bet365 governed、Reduce the cost of maintaining order、Maintain and expand "mutually beneficial" relations,In the process of colonizing North America and dominating the world,European colonists/American ruling class exploit immigrants/all Americans’ “mutually beneficial” need to “find a better life”,If maintaining trade、National Security、The order required for the normal operation bonus bet365 market, etc.,Relying on the advanced productivity bonus bet365 mother country to gather diverse immigrants,Jointly plundering foreign countries,Maintain a high level of resource acquisition capabilities,Then the external excess dividends obtained through hegemony will be fed back to the "disruptive innovation" ability to get rid bonus bet365 "market curse",Long-term advantage in living conditions。Because rulers receive “material substitution” from asset returns and labor market price differences that are higher than those of other countries,Multiple races who do not belong to each other agree or acquiesce in the existing "exceptional" lifestyle,Being bribed as a vassal bonus bet365 ruler。Material substitution makes it impossible for the ruled to form effective class alliances,The economic prerequisite for the establishment of judicial power is thus neutralized。
On the other hand,Dissolve the independent political consciousness bonus bet365 ruled class through "value substitution",The institutional premise for the establishment of judicial power has been neutralized。The lifestyle and behavioral characteristics guided by liberal ideology have given rise to a political system of checks and balances,The system design of separation of powers and checks and balances makes judicial power relatively independent,While protecting the lifestyle of each group in the ruling class from being invaded by other groups,Conflicts between rulers and the ruled and between ethnic groups formally meet the conditions for "arbitration" by a third party with "uninvolved" interests。With changes in the balance of social power,The ruled classes and excluded ethnic minorities are included in the political process in the construction process of judicial power including the selection of justices,Due to the non-essential influence of “choosing one of several bad guys”,And due to the interaction between the two, the judicial power "is owned by the people"、The illusion of "for the people"。The ruled class enjoys a value substitution that is “better” than other countries and has its class consciousness eliminated,Resulting in only reform but no revolution、The normal political game of only prosecution without rebellion and the basic solution to social conflicts,The institutional premise for the establishment of judicial power has been neutralized。
Secondly,The ruling class exploits behavioral traits in lifestyle,Process strengthens the illusion of neutrality in the operation of judicial power。Under American Lifestyle,Multi-racial living subject rights-based、Behavioral characteristics of zero-sum game,Not only determines that the rule of law is an inevitable choice for market-oriented life style,At the same time, it is decided that the operation of judicial power must avoid the ruling class and various races、The bottom line that cannot be touched between various interest groups,Non-essential demands for the ruled class must also be limited to the tolerance bonus bet365 ruling class,In this way, the normal operation of judicial power can be maintained。Therefore,Procedure is extremely important to avoid the political essence bonus bet365 entity。Since the founding bonus bet365 United States,The Supreme Court on the distribution of federal and state powers、Maintain the laissez-faire market economic order、Protecting and expanding civil rights and other major non-essential issues that determine the direction of national development have made a series of judgments that affect the social and historical process,But they are all selective cases that use case selection procedures to avoid substantive disputes,And the trial of specific cases,It is to use procedures to administrativeize political issues、Personalization of social issues、Results of entity problem programming。As early as the "Marbury v. Madison" trial,While declaring that "the Supreme Court has the power to review congressional and state laws and presidential decisions",It also ruled that Marbury’s request to return the judge’s appointment certificate was procedurally outside the jurisdiction bonus bet365 Supreme Court,Thus pioneering the use of procedures to avoid substantive issues in the case。
When the balance of political power provides conditions for judicial resolution of a major social problem,The Supreme Court uses the constitutionality method of hearing the issues involved in the case to determine the constitutionality of substantive issues in order to avoid the political essence bonus bet365 specific case。The program uses behavioral characteristics,One bonus bet365 important means to create the illusion of judicial value neutrality。Passed program,The function bonus bet365 court will focus on social governance,The interest groups bonus bet365 ruling class have achieved the goal of ensuring their own interests、Check and balance other groups、The purpose of perfunctory the non-essential demands bonus bet365 ruled,Creates the illusion that decided cases are based on “due process” rather than personal preference。
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The "apolitical temple of law" is generally accepted by American society as a product bonus bet365 expansionary lifestyle。It can confuse the world with its "universal" appearance,Thanks to the United States’ ability to rely on hegemony to obtain external resources,Use excessive external dividends to “subsidize” the internal affairs。The bewitching ability bonus bet365 "Temple" illusion depends on the amount of bonus provided by the hegemony,This determines the relative decline of American hegemony、Reduced ability to distribute dividends domestically can lead to political polarization,The ability of judicial power to solve governance problems is also greatly reduced,This is mainly reflected in three aspects。
一,Operation of political system based on checks and balances,When liberalism or conservatism dominates the Supreme Court and changes the value orientation of judicial activities,The moderates among the dominant and former dominant forces within the Supreme Court will form alliances on different issues in the trial activities,Form checks and balances on both ends bonus bet365 ideological spectrum,Intensifying the decision and refusing to discuss it、State of discussion but no decision。June 26, 2018,The U.S. Supreme Court announces Trump’s restrictions on parts bonus bet365 Middle East、African countries’ executive orders on U.S. immigration are “fully consistent” with the president’s authority。And on December 22 bonus bet365 same year,The Supreme Court in another case,But the Trump administration’s executive order banning asylum from illegal immigrants was deemed unconstitutional。Chief Justice Roberts is based on the concept of judicial restraint,Critical vote against the President’s executive order。Two lawsuits aimed at stopping illegal immigration have completely opposite verdicts,It not only reflects the original intention bonus bet365 system design of using judicial power to play a check and balance role,It further exposed the US Supreme Court’s inability to resolve social governance issues。
Second,In the face of conflicts of interest,The Supreme Court may be "disenchanted" by staying out bonus bet365 matter to maintain the appearance of a "temple",It may be "disabled" due to touching the bottom line of tolerance of interest groups。When the ability to escape the "market curse" is weakened,When failure to provide more and more opportunities for “searching for a better life” leads to political polarization,The Supreme Court will expose its inherent flaws。For example,During the 2000 US election,The Supreme Court intervened in the electoral battle by interfering in the electoral process and was accused of creating "political fraud"。During the 2020 General Election,The U.S. Supreme Court directly stayed out bonus bet365 matter by refusing to accept Trump’s election lawsuit,Declaring “disability” directly to society。
Third,Under the new balance of power,By being forced to initiate checks and balances political operations,Carry out a new round of "reform" bonus bet365 Supreme Court,Recreate the "Temple",This is also one bonus bet365 manifestations bonus bet365 Supreme Court’s inability to resolve political disputes。During Trump’s term in office,The conservative forces in the Supreme Court have occupied an absolute advantage of 6:3,As a result, it is more difficult for the Supreme Court to use its judicial power to check and balance both ends bonus bet365 ideological spectrum or to stay out of political disputes。When the conditions for getting rid bonus bet365 "market curse" are not completely lost,Reorganizing the Supreme Court becomes an option after the “temple” becomes incapacitated。U.S. President Biden said on January 30, 2021,He is considering forming a Supreme Court committee,Discuss the reform plan to increase the number of justices on the Supreme Court and the lifetime tenure system for justices。Visible,The changes in the number of justices are proof that the political crisis caused the "temple" to become "incompetent" and forced to start a new one。
So far,We can make a preliminary judgment,The "Apolitical Temple of Law" is nothing but guided by American liberal ideology,The ruling class maintains the normal operation of its expansionary lifestyle、Use the mutually beneficial relationship of all members of society to "find a better life" to bribe the ruled class,An illusion created to make them accept or acquiesce in the existing lifestyle,This lifestyle puts rights first、The behavioral characteristics of zero-sum games are highly market-oriented、Programmed life style middle and later,The rule of law has become an inevitable choice。Operating through a political system of checks and balances,The existence of judicial power、Personnel composition、Create the illusion of "neutrality" during operation,Enable acceptance by various interest groups、Tolerating the major social changes caused by judicial decisions on non-essential conflicts of interest,Thus maintaining order。However,Continuously getting rid bonus bet365 "market curse" is always the prerequisite for the appearance bonus bet365 "apolitical legal temple" to become a mainstream oath,When the ability to escape the "market curse" is weakened,The strong ideological nature bonus bet365 "Temple" will become increasingly prominent。
(Author’s affiliation: Institute of American Studies, Chinese Academy of bonus bet365 Sciences、Research Center for Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, Chinese Academy of bonus bet365 Sciences)
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