Changes

[[Image:Supreme Court.jpg|thumb|200px|US Supreme Court Building]]

[[Image:Supreme Court.jpg|thumb|200px|US Supreme Court Building]]

'''Judicial Supremacy''' is the idea that the courts should have the final say over issues of policy, instead of policy makers or even the voting public, and is a natural end result of the doctrine of a [[Living Constitution]].<ref name=constituting>[http://www.constitutingamerica.org/blog/thursday-may-30-2013-essay-74-woodrow-wilsons-what-is-progress-guest-essayist-robert-clinton/ "What is Progress?" by Woodrow Wilson – Guest Essayist: Robert Clinton, Professor and Chair Emeritus, Department of Political Science, Southern Illinois University Carbondale]</ref>

'''Judicial Supremacy''' is the idea that the courts should have the final say over issues of policy up to and including the creation of policy, instead of policy makers or even the voting public, and is a natural end result of the doctrine of a [[Living Constitution]].<ref name=constituting>[http://www.constitutingamerica.org/blog/thursday-may-30-2013-essay-74-woodrow-wilsons-what-is-progress-guest-essayist-robert-clinton/ "What is Progress?" by Woodrow Wilson – Guest Essayist: Robert Clinton, Professor and Chair Emeritus, Department of Political Science, Southern Illinois University Carbondale]</ref> In this light, judicial supremacy amounts to a positive power, that is, the power to positively create law in the absence of legislation.

Under judicial supremacy, the branches of government are not co-equal.  Instead, under judicial supremacy, courts are above checks and balances by other branches of government.  This subverts the Constitutional [[Separation of Powers]] that exists to prevent the rise of tyrannical government.  Numerous American statesmen have rejected judicial supremacy, including Presidents [[Thomas Jefferson]], [[Andrew Jackson]], [[Abraham Lincoln]], and [[Franklin Delano Roosevelt]].  Also, [[Alexander Hamilton]] completely rejected judicial supremacy in [[Federalist No. 78]].

Under judicial supremacy, the branches of government are not co-equal.  Instead, under judicial supremacy, courts are above checks and balances by other branches of government.  This subverts the Constitutional [[Separation of Powers]] that exists to prevent the rise of tyrannical government.  Numerous American statesmen have rejected judicial supremacy, including Presidents [[Thomas Jefferson]], [[Andrew Jackson]], [[Abraham Lincoln]], and [[Franklin Delano Roosevelt]].  Also, [[Alexander Hamilton]] completely rejected judicial supremacy in [[Federalist No. 78]].