The Federalist Society

Judicial Nullification of Civil Justice Reform Violates the Fundamental Federal Constitutional Principle of Separation of Powers: How to Restore the Right Balance

April 5, 2002

Victor E. Schwartz, Leah Lorber

Our founding fathers outlined a system of government that allowed our Republic to gain strength and prosperity for over two hundred and forty years. A fundamental constitutional principle of our form of government at both the state and federal levels has been a balance of power among the three branches of government—legislature, executive branch, and the judiciary. It is not rocket science, but a high school civics lesson showing that the legislative branch makes or creates law, the executive branch enforces the law, and courts interpret the law. The government works best when each branch respects the role of the others.

Judicial Nullification of Civil Justice Reform Violates the Fundamental Federal Constitutional Principle of Separation of Powers: How to Restore the Right Balance  


The Federalist Society