Constitution Quote by Murray Rothbard
“While the seeming independence of the federal judiciary has played a vital part in making its actions virtual Holy Writ for the bulk of the people, it is also and ever true that the judiciary is part and parcel of the government apparatus and appointed by the executive and legislative branches.”
About This Quote
Source Essay: The Role of the Judiciary, Murray Rothbard, 1995
The judiciary, though appearing independent, is ultimately shaped by political appointments and thus reflects governmental influence.
In simple terms: Judges are appointed, so they aren't completely independent.
Key Takeaway
Recognize the political roots of legal decisions.
Themes
law
government
independence
politics
institutional design
Mood
critical
analytical
Type
political
institutional
When to use this quote
- court rulings
- policy analysis
- citizen advocacy
- academic study
Key Concepts
separation of powers
judicial legitimacy
checks and balances
Questions to Reflect On
- How does appointment power affect judicial rulings?
- Can true independence exist in a political system?
A Different Perspective
Judicial independence can be compromised by partisan pressures.
![“Next came the Patent laws. These began in England in 1624; and, in this country, with the adoption of our constitution. Before then [these?], any man might instantly use what another had invented; so that the inventor had no special advantage from his own invention. The patent system changed this…” quote by Abraham Lincoln](https://sms4smile.com/quotes/img-quotes/449/abraham-lincoln-88_adoption_next-came-the-patent-laws-these-began-in_1828.jpg)
