Welcome
Chapter 5-Judicial LegislationWe do not hear much about the judicial branch of government, especially in contrast to the executive and legislative, but they are the most powerful group of men in the entire nation. Appointed for life; they have the power to change the course of government and affect the people directly. They have not always had the extent of power they currently wield. This secretive group of nine justices make decisions and effect law from behind closed doors, without oversight or review. They have established “precedent” power that requires future justices to honor previous rulings regardless of whether they are right or wrong, and only change or reverse rulings in extreme circumstances. This is the only branch of government that does not have any constitutional means to correct their errors even when their motives are outright political. In this chapter we shall take a look at a brief history of the Supreme Court, their purpose, some of their decisions, and the scope of their current power, and determine just how constitutional our judicial branch has acted.
The judicial branch derives it’s power from Article III, Section 1 of the Constitution, which states:
“The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.”
