The Corner

On Judges

I’m with Ramesh insofar as he argues that impeaching judges is not a viable means to discipline the judiciary. Insofar as the judiciary holds too much sway over the nation, it is — as Ramesh suggests — largely due to the abdication of the other branches. Save in very rare instances, Congress does not seriously consider the constitutionality of statutes. Sure, Congressmen occasionally worry whether a statute will pass court muster, but they rarely focus on thye antecedent question of whether a statute should pass court muster. Similarly, we have recent Presidents — including Bush — who are willing to sign legislation that they believe to be unconstitutional. If the legislature and executive absolve themselves of any responsibility to uphold their constitutional oaths, we should expect judges to fill the gap.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.

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