The Impact of an Independent Judiciary
on American Life and Law

Introduction
The federal judiciary plays a very important role in our constitutional system of government. First, due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognizes the limits of its own power. Second, it protects civil rights and liberties by striking down laws that violate the Constitution. In essence, the judiciary serves to ensure that the changing views of a majority do not undermine the fundamental values common to all Americans, i.e., freedom of speech, freedom of religion, and due process of law. Additionally, as the highest court in the land, the U.S. Supreme Court is the court of last resort for those looking for justice.

The doctrine of judicial independence allows the judiciary to perform these very important duties. Judicial independence requires that the judiciary, as interpreters of the law, should be above politics. As such, it mandates that the judiciary not be subject to the improper influences of the executive and legislative branches of government. Federal judicial independence has come to embrace a variety of concepts, including: the power of judicial review; protection from impeachment for unpopular decisions; prohibition of pay decreases; and lifetime tenure.

Over the past 200 years, the courts have been instrumental in protecting the rights and liberties of all Americans from unconstitutional infringements. Since these infringements often have come from government, the independence of the judiciary was/is necessary for the courts to have not only the authority, but also the ability, to declare such actions unconstitutional. In essence, by protecting our Constitutional rights, the courts have helped to ensure the survival of our constitutional system of government. For these reasons, all Americans have a stake in the preservation of an independent judiciary.

Included in this section:

• The History of Judicial Independence
• The Role of the Courts in Our System of Checks and Balances
• Examples of The Impact of an Independent Judiciary
  on American Life and Law
• Judicial Independence and the War on Terrorism
• Judicial Independence: A World View