The Judiciary’s Constitutional Role

Published on LinkedIn: January 29, 2026

The judiciary is often described as the least powerful branch of government.

Constitutionally, it may be the most consequential.

Courts do not command armies or control public funds. Their authority rests on something more enduring: the responsibility to interpret the law and enforce constitutional limits when other branches exceed them.

The Framers understood that written constraints alone are not self-executing. Constitutional boundaries must be applied consistently, even when political incentives point in the opposite direction. That is why the judiciary was given independence — not to dominate the political branches, but to restrain them.

Judicial review is not episodic or situational. It is a continuing obligation. Courts are required to apply the same constitutional principles in moments of calm and in moments of pressure, regardless of popularity or resistance.

This responsibility becomes most visible when constitutional limits risk erosion through neglect rather than outright defiance. Especially at the highest level, the Supreme Court must serve as a stabilizing institution, maintaining legal continuity across administrations and generations.

The republic does not endure because power is always exercised wisely. It endures because constitutional limits are enforced consistently.