Difference between revisions of "Judicial supremacy"

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'''Judicial supremacy''' is the view that the judiciary, and in particular the US Supreme Court, has authority in Constitutional interpretation that is superior to the of other branches of government and the states. It was first articulated by the Warren Court in Cooper v Aaron, 1958.
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'''Judicial supremacy''' is the view that the judiciary, and in particular the US Supreme Court, has special authority in constitutional interpretation that places the court 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.
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Until then, the consensus was that the US Constitution itself was the supreme law of the land, and that three branches of the federal government (Legislative, Executive, Judiciary) were equally responsible for upholding the Constitution.
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Numerous American statesmen have rejected judicial supremacy, including Presidents [[Thomas Jefferson]], [[Andrew Jackson]], [[Abraham Lincoln]], and [[Franklin Delano Roosevelt]].
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Judicial supremacy was most clearly asserted by the Warren Court in ''Cooper v. Aaron'' (1958).
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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 of the United States of America|Chief Justice]] [[John Roberts]] wrote for the court in criticizing and rejection the temptation for courts to exercise "judicial supremacy."<ref>[[United Haulers Ass'n, Inc. v. Oneida-Herkimer Solid Waste Management Auth.]]</ref>
 
In 2007, [[Chief Justice of the United States of America|Chief Justice]] [[John Roberts]] wrote for the court in criticizing and rejection the temptation for courts to exercise "judicial supremacy."<ref>[[United Haulers Ass'n, Inc. v. Oneida-Herkimer Solid Waste Management Auth.]]</ref>

Revision as of 01:12, May 16, 2015

Judicial supremacy is the view that the judiciary, and in particular the US Supreme Court, has special authority in constitutional interpretation that places the court 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.

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]

References