ABSTRACT

The relationship of the Supreme Court to the president and Congress reflects a fundamental tension inherent in the judicial branch. On the one hand, the Court needs to be independent; disputes need to be resolved on their merits and not on the basis of political or economic power. Otherwise, those in power may be tempted to act above the law and, among other misdeeds, may perpetuate their control even when they do not have popular support. On the other hand, the Supreme Court cannot be too independent. If it is, justices may be imposing the views of nine individuals about law and policy on a nation of hundreds of millions of people. In short, the Court is a Goldilocks institution: it must be independent enough to protect democracy, but not too independent lest it threaten the ability of people to govern themselves.