Monday, July 6, 2015

John Yoo: The Court’s decisions are not binding on the executive and congressional branches



Judicial Supremacy Has Its Limits: The Court’s decisions are not binding on the executive and congressional branches. - National Review

...Rather than give any one branch the final word, the Constitution creates three branches that can compete over its meaning. The separation of powers means not only that the President, Congress, and the Supreme Court are separate, but that they are also independent of one another. According to Jefferson, “the opinion which gives to the judges the right to decide what laws are constitutional, and what are not, not only for themselves in their own sphere of action, but for the Legislature & Executive also, in their spheres, would make the judiciary a despotic branch.” ...