Many of our Supreme Court Justices do not understand the role of the judicial branch of government. Yes, they an independent branch of government. Hamilton told us the judicial branch is to be the weakest branch; independent but not equal. They are the branch of government that is most removed from the people. Their role is to only render opinion and not to make law. Nowhere in the Constitution does it say that the judicial branch has the right to be the final authority on any much less all social issues. Their role is only to render an opinion.
This is an accurate summary from Carson Holloway, “Americans’ contemporary understanding of judicial power is inconsistent with the argument put forward by Hamilton and Madison in The Federalist. Although The Federalist affirms the power of judicial review—and hence the role of the judiciary as a check on the other branches—it does not present this as the first or most important function of the courts. Moreover, The Federalist does not support the vast implications of judicial review as including a power to decide the great moral issues of the times and to adjust the Constitution to trends in public opinion. Finally, The Federalist lends no aid to the belief that the Supreme Court is the ultimate interpreter of constitutional meaning, unanswerable for its interpretations to any authority but itself.”
Recently, members of both the legislative and the executive branches have made claims and accusations about the Supreme Court, threatening them with powers they do not have. This is political of course, but it is also based on their ignorance of our Constitution, which established how our government is to work. AOC has stated that the Supreme Court is required to come before the legislative branch and give testimony when asked. AOC has gone so far as to assert that the legislative branch could actually subpoena members of the court.
Our branches of government are independent. The founders established checks and balances of one branch over another. The executive branch has the authority to nominate judges. The legislative branch, specifically the Senate must give their consent to the nomination. The House has the authority to bring impeachment against a judge. The Judiciary branch is not subject to oversight by congress like the executive branch is.
The Judiciary branch overstepped its authority when it claimed to be the final authority. It oversteps its authority every time it rules on social issues such as abortion, homosexual issues, and other social issues. These were intended to be decided by the legislative branch. But for the legislative branch to attempt to deprive the judicial branch of its independence is another step toward tyranny and despotism.
My strong suggestion would be that a true Constitutional scholar, like Professor Turley, be commissioned to teach a required course on the Constitution for all who receive paychecks from the government. At least they would not have the excuse of ignorance when they make claims like AOC has and does make.
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