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[[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 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.

'''Judicial Supremacy''' is the [[liberal]] view that courts are "supreme" over the other two branches of government, and that courts have the authority to tell the president and Congress what they may or may not do.  As explained by [[Phyllis Schlafly]] in her classic book on the topic, ''The Supremacists'' (2nd Ed. 2006):<ref>http://www.pseagles.com/images/4/49/The_Supremacists_by_Phyllis_Schlafly.pdf</ref>

Under judicial supremacy, the courts seize power for themselves to 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, as courts impose their own view 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 grabbing power by one branch of government to positively create law.

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]].