Member-only story

What Happens When Courts Run Government

Eric Nelson

·11.6k Followers· Follow

Published in Democracy By Decree: What Happens When Courts Run Government

4 min read

779 View Claps

57 Respond

Save

Listen

The judiciary is one of the three branches of government, along with the executive and legislative branches. In a democracy, the judiciary is tasked with interpreting the laws and ensuring that they are applied fairly and impartially. However, there have been times when courts have overstepped their role and assumed control of government. This can have serious consequences for the separation of powers and the rule of law.

Democracy by Decree: What Happens When Courts Run Government

by Ross Sandler

5 out of 5

Language	:	English
File size	:	2388 KB
Text-to-Speech	:	Enabled
Word Wise	:	Enabled
Print length	:	256 pages
Screen Reader	:	Supported
X-Ray for textbooks	:	Enabled

Historical Examples of Judicial Overreach

One of the most famous examples of judicial overreach is the Dred Scott case. In 1857, the Supreme Court ruled that African Americans were not citizens of the United States and could not sue in federal court. This decision was a major factor in the outbreak of the Civil War.

Another example of judicial overreach is the Lochner v. New York case. In 1905, the Supreme Court struck down a law that limited the number of hours that bakers could work. The Court ruled that the law violated the bakers' right to contract.

These are just two examples of the many times that courts have overstepped their role. When courts do this, they undermine the separation of powers and the rule of law.

The Impact of Judicial Overreach

Judicial overreach can have a number of negative consequences. First, it can lead to the erosion of the separation of powers. The separation of powers is a fundamental principle of democratic government. It prevents any one branch of government from becoming too powerful.

Second, judicial overreach can undermine the rule of law. The rule of law means that everyone is subject to the law, including government officials. When courts overstep their role, they can create laws that are not supported by the Constitution or by the will of the people.

Third, judicial overreach can lead to a decline in public trust in government. When people believe that the courts are not impartial or that they are making decisions that are not based on the law, they lose faith in the government.

The Dangers of Judicial Overreach

Judicial overreach is a serious threat to democracy. It can lead to the erosion of the separation of powers, the undermining of the rule of law, and a decline in public trust in government.

There are a number of things that can be done to prevent judicial overreach. First, it is important to have a strong and independent judiciary. Judges should be appointed on the basis of their qualifications and their commitment to the rule of law, not on their political views.

Second, it is important to limit the jurisdiction of the courts. Courts should only be able to decide cases that involve legal questions. They should not be able to make decisions on political or policy issues.

Third, it is important to have a system of checks and balances in place. The other branches of government should be able to check the power of the judiciary. This can be done through the appointment process, the power of the purse, and the ability to override judicial decisions.

Judicial overreach is a serious threat to democracy. However, there are a number of things that can be done to prevent it. By having a strong and independent judiciary, limiting the jurisdiction of the courts, and having a system of checks and balances in place, we can help to ensure that the courts remain a vital part of our democracy.

Democracy by Decree: What Happens When Courts Run Government

by Ross Sandler

5 out of 5