The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To DemocracySmith, J. Allen (James Allen)
History
The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To Democracy
Smith, J. Allen (James Allen)
Constitutional history -- United States; United States -- Politics and government
The provision in the Constitution of the United States for the life
tenure of a non-elective judiciary serves, however, an altogether
different purpose. It was designed as a check, not upon an irresponsible
executive as was the case in England, but upon the people themselves.
Its aim was not to increase, but to diminish popular control over the
government. Hence, though professing to follow the English model, the
framers of the Constitution as a matter of fact rejected it. They not
only gave the Federal judges a life tenure, but made that tenure
unqualified and absolute, the power which Parliament had to demand the
removal of judges being carefully witheld from the American Congress.
This reversed the relation which existed between the legislative and
judicial branches of government under the English system and raised the
judiciary from a dependent and subordinate position to one that made it
in many respects supreme. The most important attribute of sovereignty,
that of interpreting the Constitution for the purposes of law-making,
which belonged to Parliament as a matter of course, was withheld from
Congress and conferred upon the Federal judiciary. Not only, then, did
the framers of the Constitution depart from the English model in making
the Federal judiciary independent of Congress, but they went much
farther than this and conferred upon the body whose independence and
irresponsibility were thus secured, powers which under the English
system were regarded as the exclusive prerogative of a responsible
Parliament. This made our Supreme judges, though indirectly appointed,
holding office for life and therefore independent of the people, the
final interpreters of the Constitution, with power to enforce their
interpretation by declaring legislation null and void. A more powerful
check upon democratic innovation it would be hard to devise.
Public-domain text, read in full here on John Shaqi.
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