Affirms the rule of law, the legitimacy of judicial review, and the duty of the executive branch to comply with federal court rulings.
Richard Durbin
Senator
IL
This resolution affirms the rule of law and the legitimacy of judicial review, recognizing the Supreme Court's duty to interpret the law. It requires the executive branch to comply with federal court rulings, while allowing for appeals when authorized by law. The resolution reinforces the established judicial power of the U.S. Supreme Court and other federal courts.
This resolution essentially hits the 'refresh' button on some core principles of how our government is supposed to function. It formally states that the judicial power – meaning the authority to make final decisions on legal matters – rests with the Supreme Court and the other federal courts created by Congress. Think of it as a formal nod to the system of checks and balances we learned about in civics class.
The resolution specifically points back to the foundational 1803 Supreme Court case, Marbury v. Madison. That's the case that established the principle of 'judicial review' – the power of the courts to examine laws and actions of the other branches and decide if they align with the Constitution. This resolution doesn't create anything new; it reaffirms that the judiciary's job, as established long ago, is to interpret what the law means. This principle underpins the stability and predictability folks rely on, whether you're signing a contract, starting a business, or just trying to understand your rights.
Beyond affirming the courts' role, the resolution clearly states that the executive branch – the President and all federal agencies – must comply with federal court rulings. It's a direct statement reinforcing the concept of the rule of law: court decisions aren't just suggestions. However, it also acknowledges the standard legal process. If the executive branch disagrees with a court's decision, it retains the right to appeal that ruling through the court system, provided the law authorizes such an appeal. This maintains the legal pathway for disputes without allowing rulings to be ignored outright.
Why put these established ideas into a formal resolution? Often, resolutions like this serve as a way for lawmakers to publicly underscore fundamental principles, especially during times of debate about governmental powers. It's less about changing the rules of the game and more about reminding everyone – including other branches of government – what those rules are. By affirming judicial review and the executive's duty to comply with court orders, the resolution aims to reinforce the bedrock concepts of separation of powers and the rule of law that structure the U.S. government.