Kevin Judd and Keith Watters writing as part of the Defending Justice Series of the American Bar Association Journal contend, President Trump’s utter lack of respect and understanding of
the need for an independent judiciary is exemplified when he debased Judge
Curiel on racial grounds and also made ad hoc criticisms against the court of
appeals.
A judiciary without the faith of the executive is a danger to a free
and open society. Citizens rely equally on each of the three branches of
government for the administration of governmental affairs. When citizens lose
confidence with the branch of government responsible for interpreting the laws,
all of our institutions are diminished.
President Trump’s attacks upon judges and judicial decisions
undermines the legitimacy of the courts. This diminishes the purpose of having
not only a system of checks and balances, but of having a neutral court that
can operate independently. Derogatory tweets and criticisms from the executive
branch must not be allowed to intimidate the judiciary. For centuries,
Americans have relied on fair courts to prevent government overreach and to
maintain the constitutional rights of its citizens, regardless of the political
motivations of the other two government branches. Allowing the federal courts
to serve as an impartial and independent body free of executive interference is
crucial to preserving the ideals of the United States of America.
The head of state’s disrespect and contempt for one of the
bedrock principles of democracy demonstrates why an independent judicial branch
is essential. The executive branch cannot usurp the judicial branch, and the
executive branch should not attempt to abrogate this core constitutional
structure. Our system of checks and balances has proved to be the bedrock of
our democracy. The Constitution safeguards judicial independence; however, separation
of powers ensures that each branch must accord the others a certain level of
deference. As the Supreme Court ruled in United States v. Nixon, no
person, not even the president of the United States, is above the law.
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