101 Politicians' or the People's Court?

[RJLipkin at aol.com]

In a message dated 9/12/2005 5:26:45 PM Eastern Standard Time,  
edlind at dickinson.edu writes:

"By  granting a non-legislative body that is not electorally accountable the 
power  to review democratically elected legislation, citizens provide 
themselves with  a means for protecting their sovereignty and independence from the  
unreasonable exercise of their political rights in legislative  processes."


This argument is, of course  a common one, but it fails conspicuously to 
address how citizens can  protect themselves "from the unreasonable exercise [or 
elimination--my addition]  of their political rights" from the judicial 
process. 
 
        Citizens should seek ways  to check both branches of government.  But 
the idea that a politically  unaccountable branch is the obvious choice to 
protect citizens against  legislative excess is plausible only if there is 
reason--conceptual, normative,  or empirical--to believe such a branch will not 
itself violate the sovereignty  of the people (citizens).
 
Bobby
 
Robert Justin  Lipkin
Professor of Law
Widener University School of  Law
Delaware

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