First Principles: The Judiciary Is Not Meant To Override the Other Branches

“[T]he opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves, in their own sphere of action, but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch.” —Thomas Jefferson (1804)

Somehow we, as a nation, have lost our locus on this one.   We have allowed the judiciary to become tyrannical in its assertion of powers not granted to it under the Constitution.  How we got here is a curious matter.  What is certain is that we need to step back from this and realize that the judiciary is but one prong of the three prong check and balancing of our system of government.  Another thing needed is to put into check the expanding powers of the administrative agencies under the executive branch.  But that is another subject for another time.

For now, let me just say that a good exploration of the intended role of the judiciary is found here:

http://www.heritage.org/courts/report/what-the-proper-role-the-courts

 

 

 

 

 

About alohapromisesforever

Writer, poet, musician, surfer, father of two princesses.
This entry was posted in First Principles and tagged , , , , , , , , , , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s