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On [Watkins’] view, all three branches of the federal government are coordinate. . . .  The Supreme Court, for example, can say what the law “is,” but it does not have the final say, especially when it is asked to opine on questions far removed from the constitutional text.  The three federal branches share the powers delegated to them in the Constitution.  For Watkins, “judicial independence, to the founding generation, never meant independence from the people.  State and federal judges are not high priests of the constitutional order.  Just like governors, senators, and representatives, judges are mere agents of the people.  When judges begin to make public policy decisions, they rebel against their masters and usurp power.”

Richard Reinsch

Richard Reinsch is the editor of Law and Liberty.

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