There are three articles in the American Constitution referring to the three branches of government, which are the legislative, executive and the judiciary branches.
It has been implied that these three branches of government are equal in governmental power.
It has always been the case that the legislative and executive branches form political power in the United States government. Until recent times, the judiciary branch of government has been assumed to play a secondary role.
The judicial branch of government, by the very fact that its nine members are appointed for life, will eventually give it power if not equal to or close to the other two branches.
Most of the well-known presidents were critical of the Supreme Court, including Thomas Jefferson, Andrew Jackson, Abraham Lincoln, Theodore Roosevelt, and Franklin Roosevelt.
Andrew Jackson criticized the court for their pro-American Indian attitudes. Abraham Lincoln was critical of the court during his early period in office, when he took issue with the members’ pro-slavery stances.
Franklin Roosevelt in his criticisms of the court tried to expand the number of members on it, hoping to have more appointments to the court of people who favored his political positions.
The court over the years has voted against legislation passed by our government on constitutional grounds. These justices of the Supreme Court and the judges of lower federal courts were not elected by the people, however, and many of them served 25 or 30 years.
It can be argued that the court’s appointments for life of justices serving without any election process of the people is undemocratic. It’s time for this matter to be looked into.
As I have pointed out before, the nation of Great Britain and the State of Israel do not have constitutions. Therefore, no court in Great Britain or Israel can declare a law of the legislative branch in these countries unconstitutional.
That being the case, it has been pointed out that Great Britain and Israel have governments in some ways more democratic than the American government.
At any rate, it is time that this matter be looked into with the possibility that the courts be held more accountable to their original powers.
The American people elected our president as well as our legislative branch of government, which is the House of Representatives and the U.S. Senate.
These political branches should be making and enforcing our laws.
The Supreme Court should return to its original authority and possibly putting together a new constitutional amendment outlining in more detail the Supreme Court’s powers.
We have not had a constitutional convention in many years. Perhaps it should be considered in the future.