Courts Have Too Much Power?

10--17--1999

It was reported that in a panel at Stanford University, Supreme Court Justice Anthony Kennedy made the supposition that the courts in Europe had been given too much power.

Now that was an unusual admission from one of America's supreme judicial figures. The same Associated Press article also pointed out that Justice Kennedy became more "cautious" when asked about court powers to review legislation, an act of unconstitutional abrogation undertaken by the U.S. Supreme Court under John Marshall in the early 1800's and mistakenly cherished by many every since. Evidently that was going a little too far for Mr. Kennedy.

It can only be hoped that the American public, represented by the two remaining branches of government, galvanizes to action on the whole issue of court power and insists on a re-balance of the portentous tilt of power that arose so long ago and which has been supported and cherished by an arrogant judiciary ever since.