What Is The Proper Role of the Courts?

The Constitution/Civil Liberties

What Is The Proper Role of the Courts?

by Robert Alt

The Heritage Foundation

January 25, 2012

The courts have increasingly intervened on what are properly political questions. They have thereby undermined the ability of the American people to decide important issues through their elected representatives. Not surprisingly, the courts have become increasingly politicized institutions, and the nomination and confirmation of judges has also been politicized. The Constitution is resilient, and it provides its own mechanism for renewal. The President nominates, and the Senate confirms, federal judges to serve during good behavior. If America is to be again a country of laws, and not of men, the people must demand that their President nominate and Senators confirm only judges who will conform to the proper role of a judge, and rule based upon the words and the original public meaning of the Constitution.

URL: thf_media.s3.amazonaws.com/2012/pdf/UA14RoleofCourts.pdf