Power is the great evil with which we are contending. We have divided power between three branches of government and erected checks and balances to prevent abuse of power. However, where is the check on the power of the judiciary? If we fail to check the power of the judiciary, I predict that we will eventually live under judicial tyranny.
-Patrick Henry
“However, where is the check on the power of the judiciary? If we fail to check the power of the judiciary, I predict that we will eventually live under judicial tyranny.”
The check on the judiciary is in the Congress. Congress can abolish any Federal court except the Supreme court, but even there they can set the number of seats on the Supreme court and impeach and remove any justice. They may impeach any Federal judge. They can set or zero out their budget. The executive branch can refuse to enforce any of their rulings as long as Congress is not 2/3rds offended by that move. Congress can over-ride a Supreme court ruling by working to amend the constitution on an issue the Supremes did not agree with. The Courts cannot rule an Amendment unconstitutional.
The problem isn”t that there are no checks on the Judiciary. It is that nobody cares enough to use them.