I 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 MinowOne of the paradoxes of liberal societies arises from the commitment to tolerance. A society committed to respecting the viewpoints and customs of diverse people within a pluralistic society inevitably encounters this challenge: will you tolerate those who themselves do not agree to respect the viewpoints or customs of others? Paradoxically, the liberal commitment to tolerance requires, at some point, intolerance for those who would reject that very commitment.
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 MinowI see, from my vantage point as the vice-chair of the Legal Services Corporation, a serious crisis going on in this country. Eighty percent of low-income people have no access to the civil justice system, meaning anything but criminal law.
Martha MinowI have to be honest and say members of both political parties have contributed to de-legitimization of the process. Even President Barack Obama when he was a senator, contributed to it, in the sense of voting against a well-qualified individual because he disagreed with the view. Again, that's the prerogative of the senators. They're allowed to express their views on any basis.
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 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 Minow