• Undemocratic, and no checks or balances.

    Our system of government was one designed with checks and balances. Congress cannot pass laws if the President disagrees, which limits their power, unless they can get a super-majority of votes on the issue, which limits the President's power. No such parallel exists with the Supreme Court's power of judicial review. In fact, the concept does not appear in the text of the Constitution at all. The Supreme Court granted itself the power of judicial review without any checks or balances in a blatantly self-serving ruling during Marbury v. Madison.

    Elected officials, and by extension the people, cannot overturn the decisions of the Supreme Court. In any system of government that is designed to limit the power of any single branch, a body with this power is too powerful, and in any democracy, a unelected body with this power is an aberration.

  • Too much power in too few hands.

    The framers of the U.S. Constitution were fearful of a powerful judiciary. They purposely created it as the least powerful of three federal branches. Very early on, they succeeded in overreaching their authority and the overreach went unchallenged. We now have laws written by the judiciary instead of the legislature, and signed into law without the executive. 5 lawyers have taken the place of the role of the bicameral legislature AND the executive branch.

  • No responses have been submitted.

Leave a comment...
(Maximum 900 words)
No comments yet.