The Nine Monarchs
Joe Sobran raises interesting points in a discussion about the Almighty Court:
Many controversies end prematurely not because one side is necessarily right, but because it wins elections, or a war, or just manages to get its view established as conventional wisdom. Eventually, people just stop debating very debatable things, and judicial review is one of these.
The argument over secession ended when the North won the Civil War; the argument over the New Deal ended because its programs were too popular to resist; Pearl Harbor suddenly put a stop to the debate over whether the United States should get involved in World War II. Yet the losers in these issues had strong points that were never adequately answered.
In the same way, mere custom has settled the debate over judicial review. Nearly all Americans have long taken for granted that the U.S. Supreme Court has a virtual veto over all legislation, Federal, state, and local. The Court has been claiming and exercising this power for nearly two centuries, and few Americans see anything questionable about it.
This means that one branch of government, unelected, unaccountable to the people, and appointed for life, may, at its whim, effectively change the meaning of the U.S. Constitution. The president can veto any act of Congress, and Congress may override his veto; but neither of the other branches has a similar control over the Court's rulings, however wrong or even downright batty they may be.
The concept of “checks and balances,” parroted in civics classes, doesn't apply to the Supreme Court.
Link.
