Do You Think the US Judicial and Legislative Branches Have Too Much Government Power?
No, I don’t think so. The question arises when the balance of powers envisioned by the founding fathers is no longer accurately reflected in how the branches of government function.
The Constitutional Principles of Balance of Powers
The original vision envisioned that each of the three branches (the Executive, Legislative, and Judicial), would have equal but separate powers to check the other. This balance was intended to prevent any one branch from becoming too powerful.
However, in recent years, the courts have begun to usurp legislative and administrative functions, making the voices of the people largely irrelevant. For instance, the Supreme Court has the authority to issue opinions on specific cases, but this power is sometimes expanded by popular interpretation, leading to widespread implementation of decisions that go beyond the constitutional boundaries.
Current Issues with the US Judiciary
The judiciary can wield significant power when a long-term majority is established. For instance, a Supreme Court majority can remain in place for decades, making decisions that generations or even two generations disagree with. There is very little power for the people to effect change in such situations.
Another issue is the judiciary's cooperation with executive and legislative branches. The creation of agencies with excessive or ill-specified power has shifted a significant amount of power from the legislative and executive branches to the judiciary.
Excessive Power of the Legislative Branch
The legislative branch has indeed deviated from its original principles. Thanks largely to several Supreme Court rulings such as U.S. v. Butler, Helvering v. Davis, Wickard v. Filburn, and Mistretta v. U.S., Congress now has the authority to spend money on anything it deems to support the "general welfare of the U.S." and can regulate business actions under the guise of interstate commerce. Furthermore, Congress delegates its legislative powers to executive branch agencies, allowing them to issue regulations with the force of law.
Conclusion
While both the judicial and legislative branches have exceeded their constitutional boundaries, the strict interpretation of the Constitution still places constraints on the power of these branches. The judiciary, when following the Constitution, does a good job of reining in all three branches when necessary. Thus, as they currently function, neither branch has more power than the Constitution intended.
It is the role of the people and the democratic process to ensure that elected representatives adhere to these principles and do not overstep their bounds.