Whether low-income people are dealing with access to veteran's benefits, or a protective order to guard against domestic violence, or a way to guard against the loss of their home due to foreclosure and unscrupulous behavior by mortgage providers, there's no way they can afford a lawyer. And that's a serious problem. Because that erodes respect for law, it erodes the prospects for justice.
Martha MinowThe 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 MinowOf course, in the states, about half the states elect their judges, and that's an even more direct involvement with politics. But I think it's not the same as the elections of many other candidates. People who run for the judiciary, I think are pretty careful to indicate that they will adhere to the rule of law.
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 MinowI think that we see some cities that have developed living wage ordinances. I think that we see some efforts to actually put real restrictions on unscrupulous behavior by creditors. I think that the Consumer Finance Agency is a reflection of a political reaction to the abuses behind the financial disaster. I hope the system will continue to react.
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 Minow