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Judicial Dictatorship (Hardcover)
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Judicial Dictatorship (Hardcover)
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American society has undergone a revolution within a revolution.
Until the 1960s, America was a liberal country in the traditional
sense of legislative and executive checks and balances. Since then,
the Supreme Court has taken on the role of the protector of
individual rights against the will of the majority by creating, in
a series of decisions, new rights for criminal defendants,
atheists, homosexuals, illegal aliens, and others. Repeatedly, on a
variety of cases, the Court has overturned the actions of local
police or state laws under which local officials are acting. The
result, according to Quirk and Birdwell, is freedom for the lawless
and oppression for the law abiding. 'Judicial Dictatorship'
challenges the status quo, arguing that in many respects the
Supreme Court has assumed authority far beyond the original intent
of the Founding Fathers. In order to avoid abuse of power, the
three branches of the American government were designed to operate
under a system of checks and balances. However, this balance has
been upset. The Supreme Court has become the ultimate arbiter in
the legal system through exercise of the doctrine of judicial
review, which allows the court to invalidate any state or federal
law it considers inconsistent with the constitution. Supporters of
judicial review believe that there has to be a final arbiter of
constitutional interpretation, and the Judiciary is the most
suitable choice. Opponents, Thomas Jefferson and Abraham Lincoln
among them, believed that judicial review assumes the judicial
branch is above the other branches, a result the Constitution did
not intend. The democratic paradox is that the majority in America
agreed to limit its own power. Jefferson believed that the will of
the majority must always prevail. His faith in the common man led
him to advocate a weak national government, one that derived its
power from the people. Alexander Hamilton, often Jefferson's
adversary, lacking such faith, feared "the amazing violence and
turbulence of the democratic spirit." This led him to believe in a
strong national government, a social and economic aristocracy, and
finally, judicial review. This conflict has yet to be resolved.
'Judicial Dictatorship' discusses the issue of who will decide if
government has gone beyond its proper powers. That issue, in turn,
depends on whether the Jeffersonian or Hamiltonian view of the
nature of the person prevails. In challenging customary ideological
alignments of conservative and liberal doctrine, 'Judicial
Dictatorship' will be of interest to students and professionals in
law, political scientists, and those interested in U.S. history.
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