On the recordJuly 13, 2004
That is a great question. I say to the Senator from Alabama that going back to Madison, Adams, and the Massachusetts Constitution talked about the importance of a balance of powers, a checks and balances; that if one branch of the Government were to become too powerful then our Republic is in danger. Democracy itself is in danger. I think what the Senator from Alabama is referring to is the judiciary over the last several years, as a result of the feeling within certainly the liberal branch of the judiciary, that they can take on the role of a legislature in either passing laws in the form of judicial opinions or forcing the legislature to pass laws as a result of constitutional edict. It is getting to the point where there are these three branches of Government that all sort of operate under the Constitution, and we are supposed to be able to oversee each other. One might want to make the argument that maybe we are not doing a particularly good job of oversight; that we are not doing a very good job of checking the judiciary in its repeated attempt now to usurp power away from the people's branch. The people's branch is not the judiciary. It is not the executive. It is us. We are the ones who stand for election on a regular basis. We are the ones who are responsible to a local constituency. We are the ones who are in closest touch with what the people would like to see done. The judiciary is probably the most removed because they are completely unelected.
Source
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