Why our judicial system is meant to be anti-democratic

Source: Fox News
by Andrew P Napolitano

"In our democracy, the president and members of Congress make promises and then convince us that they have kept them so we will re-elect them. The whole purpose of an independent judiciary is to be anti-democratic — to protect the life, liberty and property of all people from the unconstitutional behavior of the two political branches of the government. When the judiciary does this, it is not being imperial; it is doing what the Constitution requires. If this were not the case, then nothing would prevent the political branches from trampling the rights of an unpopular minority." (02/16/17)


  • dL

    Apparently, he didn't read your column, Tom. The judge appears to be doubling down on his previous inane argument that the judiciary is to give complete to deference to whatever the executive decrees to be a matter of foreign policy or national security. I'm trying to figure out how the judge would navigate the cognitive dissonance of executing a 180 on things like NSA–something that he has vociferously opposed to in the past–if El Duce declares NSA surveillance to be a matter of essential foreign policy.

    National security is the bromide of all state authoritarianism.

    Suppose intelligence officials told the president they believe that Islamic State-inspired lone wolves are about to enter the United States from three of the seven countries but some of them have multiple passports and may leave from one of the other four countries. That would clearly justify the president’s executive order

    No, it would not. I'm sure 300 million Americans can dream up their own disaster scenarios that could occur sans a strong man w/o dictatorial national security powers. The libertarian response to each dream scenario is: if it be, so be it….