Seeking a Just Judiciary

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In recent years, many people in the United States have acquired an oddly tilted concept of how the judicial branch of government should function. Modern consensus postulates that the Supreme Court is the final arbiter of the Constitution, and that its judgments cannot be challenged or changed except through its own decision (Vieira). Curiously, however, this idea of giving the power of final constitutional interpretation to the judiciary—known in law as “judicial supremacy”—finds no basis in the text of the Constitution itself or in historical opinion. This doctrine is a modern construction, and it poses an unhappily real threat to individual liberties in America. The people of our nation deserve a judiciary that is just in its judgments, and this will not be found in a system acquiescent to judicial supremacy.
Before one can discuss the dangers of judicial supremacy, a short history of its development would be in order. Almost two hundred years ago, in 1820, Thomas Jefferson became one of the first persons to mention the danger posed by judicial overreach. In a letter to William Jarvis, he said that “You seem…to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so” (Jefferson). His sentiments were later echoed by another famous president, Abraham Lincoln. Under the shadow of the Dred Scott case, in which Lincoln had acted on his conscience and interpretation of the Constitution while disobeying a Supreme Court decision, the president expressed his own opinion on the power of America’s highest judicial body. “The candid citizen must confess,” Li...

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Jefferson, Thomas. The Writings of Thomas Jefferson. Washington, H. A. New York: H. W. Derby. 1861
Lincoln, Abraham. Lincoln’s First Inaugural Address. Independence Hall Association, Philadelphia. 10 December 2013
Vieira, Edwin. Dangers of “Judicial Supremacy.” 17 February 2009. The New American Magazine. 10 December 2013

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