Block, SkipCaptcha, Upload, Automoderated users, edit, move, protect, rollback
9,147
edits
Changes
Link
'''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, 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>
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 Papers|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]].
==Background==
==Background==
==See also==
==See also==
* [[Checks and balances]]
* [[Checks and balances]]
* [[Federalist Papers]]
==References==
==References==