Unit 1 DB 2
One of the fundamental principles of the American constitution is the separation and balance of power between the three branches of the government: the legislative, the executive, and the Judiciary. The legislature is tasked with the mandate of making laws, which is currently the American Congress. The Judiciary interprets these laws while the executive executes and enforces these laws, ensuring their correct implementation in the society. However, currently, the lines between these arms of the American government are blurred, with the Judiciary taking over the role of the three divisions collectively.Unelected judges have taken over the making and interpretation of laws, using their judicial rulings and opinions to establish laws that surpass the powers granted to duly elected representatives. Although there are clearly stated stipulations that govern the activities of each arm of the government, particularly the relationship between the Congress and the executive, this interaction has led to the delegation of most legislative duties to the executive.
The American constitution stipulates the need for each arm of the government to maintain its oversight independence in carrying out its constitutional duties. The Judiciary Act of 1789 led to the establishment of the judicial branch composed of one Supreme Court and other inferior courts like the Congress. As a lower court, Congress is constitutionally mandated to establish laws that govern America, which is then interpreted by the Judiciary for a better understanding before they are adopted. However, this close workingrelationship has led to the Judiciary taking over most of the duties of the Congress, albeit unofficially. This approach is constitutionally and morally wrong because the elected representatives in Congress have an obligation to their constituents to establish laws relevant to the pressing societal concerns. When the Judiciary takes over this role, it creates rules that are not necessarily practical or relevant to society.
The judges in the Judiciary, who are mostly unelected, use their judicial opinions based on cases they handle, such as homicide and terrorism, to establish laws which, from their perspective, would go a long way in preventing the reoccurrencesof the cases they handle. Although the Judiciary may be acting from a place of concern for the national wellbeing of America, and suggest measures to regulate the constitutional breaches they handle, they are overstepping their constitutionalmandate, thus directly undermining the role of the Congress. Congress should remain the lawful arm that deals with policy and law-making in America, which should then be interpreted by the Judiciary. Whether or not the Judiciary agrees with the proposed laws and policies, the final verdict lies with the American citizens who will decide the effectiveness of these laws.
Therefore, it is essential to amend this constitutional breach and to restore the constitutional mandate of Congress. For starters, it is necessary to revise the Judiciary Act of 1789. This act provides that federal courts have the obligation of making rules that are determined by committees composed of judges, lawyers, and professors appointed by the chief justice. Federal courts should not allow nonelected judges to sit on the benches, making rulings that become precedents, principles or interpretations of the law. Although to some extent, most of these rulings also become fully-fledged laws, there should be a set of checks and balances that deter the Judiciary through the federal courts from making laws out of their rulings. These rulings should remain precedents, principles, and interpretations of the law.