Constitutional Law Foreword

The Court’s Agenda – And the Nation’s

Vol. 120 No. 1 "Government by judiciary” is the traditional warning from those who seek to limit the power of the courts. Policymaking in a democracy, so the argument goes, should be left to officials more responsive to popular will than judges, who because of their comparative nonaccountability to the public should keep their policymaking to a minimum. Government by judiciary, it is said, is the antithesis of democracy.