Separation of Powers - Judicial Supremacy

From where does the "separation of powers doctrine" emanate? Why is it important to us? Separation of Powers is one key that has made our form of government successful. Essentially, it is a doctrine that keeps the Executive, Legislative and Judicial branches of our government from usurping the powers specifically reserved to the other branches of government.

Article I of the United States Constitution establishes the Executive branch of government and sets out powers and limitations. Article II establishes the Legislative branch and sets out its powers and limitations. Article III establishes the United States Supreme Court - but states that inferior courts shall be established by the Legislative branch.

The United States Supreme Court ("S.Ct."), under the leadership of Chief Justice Marshall, declared in Marbury v. Madison (1803) that the S.Ct. had the authority to determine whether or not a law was "Constitutional." While there was some discussion about this seeming expansion doctrine, it was not seriously questioned (and under today's standards Justice Marshall would be forced to recuse because it was he, while acting as Secretary of State, that did not publish certain judicial appointments prior to his departure and that gave rise to the facts). The doctrine was not squarely addressed again for about 150 years! In Brown v. Board of Education (1954), the S.Ct. affirmed its role in passing judgment on whether or not a law was "Constitutional."

Why is this important to us today? Unlike most state Supreme Courts, established by each individual state's constitution, the Chief Justice of the S.Ct. is appointed for life. In most states, Supreme Court Justices are appointed for life, but there is a rotation for the duties of "Chief Justice." Additionally, in several states - even appointed for life - the state Supreme Court Justices are subject to a "retention ballot" by the people every so often. In the S.Ct., however, the position of Chief Justice is a life time appointment with no check or balance.

Our current S.Ct. Chief Justice is quite young. Clearly, President Bush wanted to appoint not only the most qualified individual, but someone who would occupy that position for as many years as possible - and, of course, someone who had a philosophy similar to his own. It is in that way a President can continue to impact our government and society long after he leaves office.

There are many questions of supreme import coming before the courts. The judicial branch of government, far and away, has the most power of all branches within our system. That means the issues of most societal import will ultimately be decided in courts and the men and women deciding them will largely be those appointed for life. No matter where you stand on today's issues, you must fully understand how our government works in order to fully and meaningfully participate by expressing your opinion within our system. The point of this article is that all Americans need to have a deep understanding of the internal workings within our judicial system and how that branch of government impacts us on a daily basis.

The issues of abortion, same-sex-marriage, stem cell research and partial-birth-abortion are among some of the important issues. To succeed, a society must build. Part of that building is deciding the issues of import - which we can do upon a foundation of bedrock, or burrowed into the sand. Drilling into the bedrock of the documents that founded and set out the initial structure of our society and learning for oursevles the principles upon which those documents were drafted is important for every American. It is through that reading we can avoid making decisions while standing in the political sands manufactured by office seekers that intentionally shift under our feet to maximize their approval rating.

The issues of import will not be decided by Obama or McCain. No, Sir! Those issues will not even be decided by the legislators we send to Congress as our representatives - though they may pass laws on the issues. Ultimately and with absolute finality, as the "supreme law of the land", the S.Ct. will decide those issues. First, the S.Ct. will determine whether a law passed by the people and signed by the President is itself "Constitutional." Second, the S.Ct. will determine - in various facts and circumstances - whether or not a constitutionally acceptable law has been applied in an unconstitutional manner.

WOW! Now that is power! The future of our society ultimately rests with men and women that have a life-time appointment. Does this mean they are free to make the righteous, correct, moral decisions with political impunity and without fear of career reprisal? Perhaps. It also, however, could mean that they are free to explore and advance their own political agenda - whether mainstream America agrees with it or not - without opposition.

Republican or Democrat - it doesn't matter. The choice we make for President of the United States is going to give that person the power of appointing Federal Judges for life and, perhaps one or more S.Ct. Justices for life. Those choices will impact the next generation ... or infect the next generation, depending upon your view of the world. Accordingly, I urge each citizen - I implore you for the soul of our Nation - to critically think through your own value system and to make a diligent search of the documents on which this great nation was founded. There is no excuse for irresponsible voting. We have the highest literacy rate in the world and the Internet provides us instant access to those revered documents. Look at them! Read them! Understand them! Compare them to your own value system - with a complete understanding of the principles on which they were written - then search yourself and make the decision you believe to be right in your heart. Again, Republican or Democrat, it does not matter on which side of the issues we each fall individually - so long as we make an informed choice about the direction in which our country will go. It is our duty as citizens to make an informed decision in which we honestly believe!!