For over 200 years, the United States government has operated on a system of checks and balances. This system would be rendered ineffective if not for the powerful influence of the independent judiciary branch. Alexander Hamilton summarized the importance of the judiciary branch in the Federalist No. 78 by stating, laws are dead letters without the courts to expound and define their true meaning and operation. Thus the importance of this branch is inescapable and its independence, essential.

Prior to the ratification of the Constitution, America’s court system was in a state of disarray. The Articles of Confederation set the laws by which the American people were to live. However, this document contained some outstanding defects. One of the major flaws of the Articles of Confederation was that they failed to establish the supremacy of the national court. Therefore, states interpreted laws in the ways that they saw fit and in doing so, put the fledgling nation in a state of disunity. This was the antithesis of what the founding fathers had envisioned for America. While they saw the importance of state’s rights, they also hoped for a strong central government to hold the country together by solving disputes among states. The Constitution assuaged this problem and gave Americans a national identity by establishing laws that would pass the test of time The Constitution also defined the three branches of government under which the American people would abide. The legislative branch would make the laws, the executive branch would enforce them, and the judicial branch would interpret them. Being that it is up to the judicial branch to define the laws that govern millions of people, it is important that it remain independent from outside influences that would otherwise compromise its loyalty to the strict interpretation of the Constitution. To adhere to the Constitution, the courts must remain free from the corruption and scandals that have tong plagued this country.

The American government is often times accused of being corrupt. In fact, this country has had a long history of political discord and nefarious undertakings, from the election that was stolen from Andrew Jackson in 1824 to the Watergate scandal in the Nixon era. Even today, we cannot escape the reality of dishonesty and degradation in the world of politics, as controversy over The Patriot Act and stories of illegal wiretapping remain stuck to the front page of national newspapers like glue. That is why a judicial branch that remains impartial and that declines loyalty to any political party or individual is imperative. Although, the judiciary has faced criticism by those who believe that allowing the president to select justices infringes on the ability of the branch to remain neutral, the life terms and inability to remove a justice allow the court to be free from political pressure, and while these concerns are extremely valid, the justices do endure harsh scrutiny by both Congress and the public in an age where the media is a dominant and influential political force before they take their place on the bench. Furthermore, some justices do thwart the preconceived notions that the American people share regarding their political leanings. Such is the case with Justice Sandra Day O’Connor who despite her strong conservative ideology, made some surprisingly liberal decisions during her time as a Supreme Court justice.

July / August 2006