The Vital Role of Federal Courts in Modern American Government
Fearful of concentrated political power, the Founders established an intricate system of checks and balances in which unelected judges play a valid, vital, but often misunderstood, role in the federal policy arena.
First, judges interpret federal statutes enacted by Congress and signed by the President. The power to interpret laws gives federal judges enormous authority to shape the scope and effect of those laws. Today, complex federal statutes address every aspect of American life, from government surveillance to civil rights, workers' rights to the environment.
Second, judges determine the validity of statutes under the U.S. Constitution. This awesome responsibility leaves judges with a prominent role in the most profound questions in our society, including limits on free speech, the separation of church and state, the rights of those in custody to due process, a woman's right to reproductive freedom, and the right of victims of injuries to seek redress in court.
