To: jimkress; Everybody
---- is this a crisis for democracy? I doubt it. The system of checks and balances exists to protect against a too-powerful judiciary, just as it corrects for an over-powerful legislature.
(the fate toward which those seeking to end judicial review are barreling rather heedlessly).
Nor is there anything new or radical about the way the Supreme Court is behaving right now.
Alexander Hamilton, in Federalist 78, urged that limits on the legislature "can be preserved in practice no other way than through the medium of courts of justice."
Granting the courts the power of constitutional review has been with us since Marbury v. Madison was decided in 1803.
As for the fact that the courts decide most of the most pressing social and political issues of the day, Alexis de Tocqueville observed in 1831 that, "there is hardly a political question in the United States which does not sooner or later turn into a judicial one." Indeed, judges have been deciding cases without regard for the law ever since King Solomon ruled that the contending parties should split that baby.
What aspect of today's crisis over the "imperial judiciary" is, therefore, new and terrifying? Nothing, it seems, but the nomenclature.
The United States was founded as a Republic.
That lasted until Marbury v Madison where the Supreme Court usurped the power of the people and the other branches of government.
Revolutions have sprung from less.
Art III, Sec 2 says that the USSC's judical power shall extend to all cases, ---- and it shall have appellate jurisdiction, both as to law & fact, under congressional regulation..
As Lithwick argues, I just don't see our present mess as a constitutional problem. Checks and balances will still work, if the political will exists.. No one has yet "usurped power", imo..
-- There are a lot of factions that want to grab power by legislative or judicial means..
-- And I agree, -- the fact that, "Revolutions have sprung from less", needs to be brought to their attention.
posted on 10/02/2003 8:02:39 PM PDT
( I'm trying to be Mr Nice Guy, but politics keep getting in me way. ArnieRino for Governator)
Checks and balances will still work, if the political will exists.
We see a welcome trend in the legislative branch firing shots across the judicial's bow - e.g. by de-funding the forced removal of Moore's rock. More backbone, please. I believe it is going to take a few actual impeachments to get our judges to modify their behavior.
posted on 12/13/2003 3:22:05 PM PST
(The federal government will spend $21,000 per household in 2003, up from $16,000 in 1999.)
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