Rule Of Law And An Independent Judiciary
Sep 9th, 2023 | By Dr. Jim Eckman
When our Founders wrote the Constitution in the summer of 1787, they structured this democratic-republic around a three-part federal government—an executive, a legislature and an independent judiciary. This separation of powers was to provide a built-in set of checks and balances to guarantee that no one individual or group of individuals would amass too much power. From the Marbury v. Madison opinion in 1803 by Chief Justice John Marshal, the judiciary has the authority of judicial review. It is the role of the judiciary to interpret the Constitution of the United States. To that end, the judiciary has the authority to review executive and legislative actions to determine whether those actions are constitutional or not.