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A fair, impartial and independent judiciary: judicial independence does not just happen all by itself. It is tremendously hard to create, and easier than most people imagine to destroy.

Publication: National Voter
Publication Date: 01-FEB-08
Format: Online
Delivery: Immediate Online Access

Article Excerpt
For more than 85 years, the League of Women Voters has been helping to support our democracy through citizen education. This is an important mission and one I wholeheartedly support. When a national survey finds that more American teenagers can name The Three Stooges than can name the three I...

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...branches of our government, we know there is much work to do.

When was in school, we learned the basics of our constitutional structure: three branches of government--legislative, executive and judicial--that regulate each other by a system of checks and balances. Since the founding of our nation, this system has ensured that each branch of government can function effectively, but cannot overpower the other branches. The main check that the judicial branch has on the other two branches is the power to declare executive or legislative acts unconstitutional.

But when courts exercise this power, the President or Congress can become very angry. The effectiveness of the courts, therefore, relies on the knowledge that judges will not be subject to retaliation for judicial acts. In order for judges to be able to decide cases fairly and impartially, based on our Constitution and laws, judges cannot be subject to retaliation for a particular decision.

As James Madison put it, an independent judiciary is "an impenetrable bulwark against every assumption of power in the Legislative or Executive." I agree with Madison that the courts are important guardians of constitutionally guaranteed freedoms in our...

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