The United States Constitution builds politics right into the process of selecting federal judges. This third branch, the judiciary, is designed to have a longer view. To have individuals who are more insulated from politics. They're not elected directly. They're appointed for life. So, politics enters, but it's also, controlled. And if you bypass this process, I'm not sure what we do.
Martha MinowIn the era of modern technology, people could just vote on their phones for who they want to be judges. We could amend all of the ways in which we select our leaders, with the advent of modern technology. We haven't done so. It's actually served us fairly well. Ours is the longest enduring constitutional, written constitution in the world. At the moment, I think it's strained. It's showing the strains of politics and a frustration.
Martha MinowI think frustration unfortunately, reflects a real breakdown in the political parties themselves, which is fascinating because our constitution did not anticipate political parties. They're not even written in the Constitution, there's no guidelines. When we look at the arcane processes of delegate selection in the primaries and caucuses, it's not in the Constitution. This is all created post Constitution. And yet I think we're in the middle of tensions between and within the political parties. They're not functioning that well.
Martha MinowI think the problem is, if we foreclose any public justice, then we cut off the virtuous cycle that's represented by law, where there are public decisions which then deter misconduct in the future. We need to have both. We need to have private dispute sy-, systems, and we need to have public dispute systems.
Martha MinowDeal with just the basic fact: we will never have enough money for lawyers for poor people. So one of our major initiatives has been to develop new technologies that can help people without a lawyer navigate the legal system, and help sort the cases that really need to have a lawyer from those where an individual with some help online, may be able to manage by him or herself.
Martha MinowYou think about the Pledge of Allegiance, "liberty and justice for all." This is at the core of the American creed. The creation of the Legal Services Corporation was a recognition that low-income people have trouble being able to afford a lawyer.
Martha MinowLet's put it in perspective at the United States Supreme Court, which hears maybe 60 cases a year, most of the cases are resolved without much dispute. The 10 or 15 that are controversial we all know about, and we hear about. The federal courts hear just a tiny sliver of the cases that go to court in this country. Most of the cases are in the state courts. And most legal issues never go to court. So, the legal system is actually not in jeopardy. At the same time, access to law is in jeopardy.
Martha Minow