Difference between revisions of "Judicial supremacy"
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'''Judicial supremacy''' is the view that the judiciary, and in particular federal courts, have special authority in constitutional interpretation that makes the judiciary superior superior to the other branches of government. 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. | '''Judicial supremacy''' is the view that the judiciary, and in particular federal courts, have special authority in constitutional interpretation that makes the judiciary superior superior to the other branches of government. 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. | ||
| − | Numerous American statesmen have rejected judicial supremacy, including Presidents [[Thomas Jefferson]], [[Andrew Jackson]], [[Abraham Lincoln]], and [[Franklin Delano Roosevelt]]. | + | 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. |
Judicial supremacy was most clearly asserted by the Warren Court in ''Cooper v. Aaron'' (1958). | Judicial supremacy was most clearly asserted by the Warren Court in ''Cooper v. Aaron'' (1958). | ||
Revision as of 23:58, September 16, 2015
Judicial supremacy is the view that the judiciary, and in particular federal courts, have special authority in constitutional interpretation that makes the judiciary superior superior to the other branches of government. 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.
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.
Judicial supremacy was most clearly asserted by the Warren Court in Cooper v. Aaron (1958).
The better, and more traditional, view is that the US Constitution itself is the supreme law of the land, and that three branches of the federal government (Legislative, Executive, Judiciary) are equally responsible for upholding the Constitution and for applying checks and balances against usurpation in power by a rival branch.
In 2007, Chief Justice John Roberts wrote for the court in criticizing and rejection the temptation for courts to exercise "judicial supremacy."[1]